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29 March 2018
Issue: 7787 / Categories: Case law , Law digest
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Weekly law digests

 

Arbitration

Allianz Insurance plc (Formerly Cornhill Insurance plc) and another v Tonicstar Ltd (on its own behalf and behalf of the other corporate members of Lloyd’s Syndicates 62, 1861 and 2255) [2018] EWCA Civ 434 [2018] All ER (D) 125 (Mar)

A Queen’s Counsel who had practised as a barrister specialising in the field of insurance and reinsurance for more than ten years satisfied the requirement in cl 15.5 of the Joint Excess Loss Committee, 1997 Edition. In so doing, the Court of Appeal, Civil Division, overruled an unreported decision that had been followed in the High Court.

Building contract

Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC) [2018] All ER (D) 124 (Mar)

The claimant company’s claim to enforce the decision of an adjudicator in a construction dispute succeeded, as its submission that an oral contract had been formed was preferred. The Technology and Construction Court stressed the court’s general approach in respect to adjudication enforcement and held that the adjudicator had been correct to find that a binding oral

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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