header-logo header-logo

05 May 2023
Issue: 8023 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 5 May 2023

Contract

FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, [2023] All ER (D) 32 (Apr)

The Court of Appeal, Civil Division dismissed the appellant (second defendant's) appeal from a decision of the Technology and Construction Court, determining a preliminary issue in favour of the claimant, the RFU, which held that the second defendant could not rely on a third-party risks insurance policy taken out by the RFU in its defence to a claim for alleged breach of a construction contract because the RFU and the second defendant were not co-insured in respect of the losses that the RFU was said to have suffered by reason of the damage for which the RFU had been indemnified by its insurer. The court held that the judge had been correct for the reasons that he had given. His analysis was entirely in accordance with the authorities. His findings of fact and his mixed findings of fact and law were also fatal to the second defendant's appeal.


Eviction

Wu

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll