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  • Article

    Burns v Financial Conduct Authority [2017] EWCA Civ 214: A Sign Of Things To Come?

    Directors' duties, procedural fairness and issue based costs; the Court of Appeal decision sheds lights on several aspects of financial regulatory enforcement action
    United KingdomCorporate/Commercial Law
    4 New Square Chambers
    4 New Square Chambers
  • Article

    When A CFA Says One Thing And Means Another

    In Stevensdrake v Stephen Hunt [2017] EWCA Civ 1173 (31 July 2017) the Court of Appeal considered the application of contractual principles to a Conditional Fee Agreement ("CFA")...
    United KingdomLaw Practice Management
    4 New Square Chambers
    4 New Square Chambers
  • Article

    Equitas Insurance Limited V. MMI Limited [2018] EWCA Civ 991: ‘Spiking' And Recoupment Of Liabilities For Mesothelioma In The Context Of Reinsurance.

    As such, any defendant culpably responsible for any period of material exposure must pay 100% of the damages to the victim.
    United KingdomInsurance
    4 New Square Chambers
    4 New Square Chambers
  • Article

    JSC BTA Bank v Khrapunov & Unlawful Means Conspiracy: The Search For Clarity Continues

    The Supreme Court handed down its judgment in JSC BTA Bank v Khrapunov [2018] UKSC 19, the latest in a long line of decisions concerning Mr Ablyazov, on 21 March 2018.
    United KingdomLitigation, Mediation & Arbitration
    4 New Square Chambers
    4 New Square Chambers
  • Article

    Costs Budgeting

    Costs budgeting is plainly important, as I will amplify later, but it is rarely thought to be interesting. However, there is now a fair body of law and practice ...
    United KingdomStrategy
    4 New Square Chambers
    4 New Square Chambers
  • Article

    McDonagh v Bank Of Scotland & Others [2018] EWHC 3262 (Ch)

    McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch) concerned a dispute between a borrower, Mr McDonagh and a lender, Bank of Scotland in respect of the borrower's default on a loan facility ...
    United KingdomReal Estate and Construction
    4 New Square Chambers
    4 New Square Chambers
  • Article

    2017 – A Year In Costs

    Four members of 4 New Square's costs team set themselves a challenge to come up with a calendar of key costs decisions in the last year. 1 case per month, 100 words max per case.
    United KingdomLitigation, Mediation & Arbitration
    4 New Square Chambers
    4 New Square Chambers
  • Article

    P&P Property Limited v Owen White & Catlin LLP Dreamvar (UK) Limited v Mishcon de Raya [2016] EWCA Civ. 1082

    P&P Property Limited v Owen White & Catlin LLP and Dreamvar (UK) Limited v Mishcon de Reya [2018] EWCA Civ. 1082 were conjoined appeals that raised common issues about the liability...
    United KingdomLitigation, Mediation & Arbitration
    4 New Square Chambers
    4 New Square Chambers
  • Article

    Professional Negligence Round Up Of 2018

    2018 was another significant year for professional liability cases. The key developments have fallen into two broad areas. The first is liability.
    United KingdomLitigation, Mediation & Arbitration
    4 New Square Chambers
    4 New Square Chambers
  • Article

    The Limits Of Contractual Discretion: UK Acorn Finance Limited V Markel (UK) Limited [2020] EWHC 922 (Comm)

    In UK Acorn Finance Limited v Markel (UK) Limited, HHJ Pelling QC applied the Supreme Court's decision in Braganza v BP Shipping Limited [2015] UKSC 17 in the context of an insurance dispute.
    United KingdomInsurance
    4 New Square Chambers
    4 New Square Chambers
  • Article

    Japanese Knotweed Claims

    It had sprayed the Knotweed with herbicide but the spraying done was inadequate.
    United KingdomReal Estate and Construction
    4 New Square Chambers
    4 New Square Chambers
  • Article

    Dillon Eustace Cayman Successfully Defend Injunction Application

    In a recent judgment delivered in Al Jomaih Power Limited & Denham Investment Limited v. IGCF SPV 21 Limited & KES Power Limited, the Grand Court of the Cayman Islands...
    Cayman IslandsCorporate/Commercial Law
    Dillon Eustace
    Dillon Eustace
  • Article

    Use Of Unlicensed Medicines - Legal And Ethical Issues

    In the current climate of austerity, healthcare providers may be seeking ways to contain costs of treatment.
    United KingdomFood, Drugs, Healthcare, Life Sciences
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Gambling With Liability? The Supreme Court Distinguishes Hedley Byrne

    This gave rise to a direct relationship between Heller and Hedley Byrne, that involved a duty of care.
    United KingdomMedia, Telecoms, IT, Entertainment
    4 New Square Chambers
    4 New Square Chambers

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