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  • Article

    Crystal Clear: "No Dispute" Defences Unlikely To Succeed At Adjudication Enforcement

    These enforcement proceedings arose from an adjudication between the sub-contractor, Bravejoin Co Ltd, and the employer, Prosperity Moseley Street Ltd.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Demands For Rent Prior To Forfeiture (And How To Dispense With Them)

    Most leases (although by no means all) require payment of rent; this payment is usually treated as a condition...
    United KingdomReal Estate and Construction
    Gatehouse Chambers
Gatehouse Chambers
  • Article

    Did You See? You May Have Missed… No. 1 West India Quay (Residential) Ltd V East Tower Apartments Ltd [2021] EWCA Civ 1119

    This case commenced in the FTT in June 2014. Lina Mattsson has been instructed by the Respondent Lessee throughout and was led by Lesley Anderson QC in the Court of Appeal.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    To Rely Or Not To Rely On A Common-intention Constructive Trust: An Instance Of The Application Of S. 53(1)(c) Of The Law Of Property Act 1925

    On 14 December 2022, the Court of Appeal overturned March's High Court decision that detrimental reliance is not a necessary element of a claim based on the doctrine of common-intention constructive trust...
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Court Of Appeal Expresses "Cautious Concern" For Both Parties And Judges In Commercial Cases

    The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622...
    United StatesLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    No Line Of Sight: Due Execution And Presence In The Estate Of Kathleen Coady

    District Judge Chloë Phillips has given judgment in Coady v Coady PT-2023-BHM-000025 (Business & Property Courts in Birmingham (Probate)), determining as a preliminary issue whether a Covid‑era...
    United KingdomFamily and Matrimonial
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Discriminatory Algorithms, AI Hallucinations And Data Privacy

    People could be forgiven for finding the current debate around artificial intelligence, and generative AI in particular, overly fraught.
    United KingdomTechnology
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Data… What Is It Good For?

    My supermarket wants to know what items I buy, what offers I take advantage of, and the frequency of my visits.
    United KingdomPrivacy
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    "A Blueprint For Action": Workplace Risk Assessments Revisited

    The case of Paul Chadwick v (1) RH Ovenden Limited and (2) Rian Hamilton [2022] EWHC 1701 (QB) concerns an accident which occurred on Manston Airfield ("the Airfield") in an unused cargo plane.
    United KingdomEmployment and HR
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Directors Duties After The BHS Decisions

    The BHS judgments highlight expanded director liabilities for breach of the Creditor Duty and wrongful trading, raising concerns about blurred distinctions and their potential impact on fostering a corporate rescue culture.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Pantheon International Advisors Ltd v Co-Diagnostics, Inc [2023] EWHC 1984 (KB)

    CPR 6.33(2B)(b) was introduced in April 2021 as part of the EU exit arrangements consequent upon Brexit. Unlike the perhaps more familiar provisions for service out under CPR r 6.36, which requires permission...
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Arbitration, Submitting To The Jurisdiction, And Summary Assessment Of Costs: Discouraging Unmeritorious Points

    The London Circuit Commercial Court's judgment in *Kataman Metals LLC v TMT Metals (UK) Ltd* clarifies submission to jurisdiction in arbitration clauses and affirms the court's jurisdiction for summary cost assessments.
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Benefit Of The Doubt? Update On Experts' Duties And Witness Credibility

    In Radia v Marks [2022] EWHC 145 (QB) the High Court has clarified that an expert's scope of duty does not involve a duty to protect a party from the risks of an adverse credibility finding.
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Can Trials Involving Allegations Of Dishonesty Be Held Remotely?

    Witness evidence and cross examination occupy central positions in English civil procedure and are particularly important where allegations of dishonesty are in issue between the parties.
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Expert Witnesses: TUI Or Not TUI – Should A Party Ask A Question?

    The Claimant relies upon an expert's report. The Defendant doesn't. Which approach should the Court take:
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    A Word To The Wise: How The Court Will Determine The Contents Of Unrecorded Oral Conversations

    The TCC's recent decision in Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC) illustrates the approach which the court may take when determining the contents of an unrecorded oral conversation, and whether the contents of that conversation constituted a binding agreement.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Do You Have You Be Ousted To Succeed In A Claim For Occupation Rent? Bailey v Dixon [2021] EWHC 2971 (QB)

    This appeal concerned whether or not occupation rent was payable to the joint owner of a property who had left that property following the breakdown of her relationship with the other joint owner.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Switaj -v- McClenaghan [2024] EWCA Civ 1457

    The Court of Appeal ruled that payments made before the Tenant Fees Act 2019 do not invalidate a landlord's s.21 possession claim, even if the fees were retained after the Act's implementation.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Williams v Aviva Investors Ground Rent GP Ltd [2021] EWCA Civ 27: Oil Not Grit

    When engaged in contractual or statutory interpretation, we lawyers would do well to remember that the courts (or at least the higher courts) view their role as being to "oil the wheels of commerce, rather than to throw grit into the engine"...
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    E-scooters, Cyclists And Obvious Risks

    A lasting impact of the pandemic appears to be the shift in travel behaviour towards increased use of e-scooters and bicycles, powered or non-powered.
    United KingdomTransport
    Gatehouse Chambers
    Gatehouse Chambers
  • Showing 381–400 of 717 results

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