Adjudication Update – Recent Case Law (Podcast)

Over a series of short articles, I intend to examine ways in which legal advisers in the field of trusts and tax can methodically minimise risk in the way that they advise.

This comprehensive guide examines the procedural framework of LCIA arbitration from commencement through enforcement, analyzing strategic decisions at each stage including tribunal formation, document production, interim relief mechanisms, and cost allocation.

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.

The decision makes it very clear that the consequences for lawyers who breach their professional obligations by misusing AI are likely to be serious.

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.

Although the new UK Bribery Act 2010 (the "Bribery Act") is similar in many respects to the existing anti-bribery provisions of the US Foreign Corrupt Practices Act of 1977 (as amended) ("FCPA"), overall, the Bribery Act is considered to be broader and more robust than the FCPA.

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018.

During a criminal investigation, there will often be a vast amount of information obtained and considered by the police. When charges are brought, the Crown Prosecution Service (CPS) may disclose some of this information as evidence, serving it as witness statements and exhibits.

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.

The High Court decision in Cork v Smith exposes how AI hallucinations in legal practice can trigger professional negligence claims when solicitors fail to verify AI-generated research.

A High Court judgment clarifies the scope of the implied covenant of fitness for human habitation under the Homes (Fitness for Human Habitation) Act 2018, confirming that older case law remains authoritative and that a single defect can render an entire dwelling unfit. The decision provides crucial guidance on when landlords must remedy damp, mould, and structural defects, and significantly limits the availability of 'tenant lifestyle' defences.

A mentoring scheme opens applications for its sixth intake, targeting underrepresented groups at the Bar including women, minority ethnic backgrounds, and those from disadvantaged socioeconomic backgrounds.

The Court held former BHS directors jointly and severally liable for £110 million in equitable compensation due to breaches of duty, causing continued trading and increased company deficiency. This clarifies Sequana-related compensation.

The Upper Tribunal's recent decision in UK v Secretary of State for the Home Department examines two cases where legal practitioners submitted AI-generated hallucinated authorities in immigration proceedings. The judgment establishes critical standards for professional supervision, verification procedures, and confidentiality obligations when using artificial intelligence tools in legal practice.

Dispute Resolution analysis: The Court of Appeal has rejected 40 years of "received wisdom" among company law practitioners and has held that a limitation period of either twelve or six years...

Hello and welcome to the June edition of the Gatehouse Chambers property newsletter. The team seem to have had a particularly good showing in the Upper Tribunal and High Court recently, as well as dealing...

Dispute Resolution analysis: The Court of Appeal has drawn a distinction between late applications to adduce factual evidence and late applications to rely upon expert evidence.

The Court of Appeal's decision in Turner v Coupland clarifies the scope of solicitor-client assessments under the Solicitors Act 1974, determining that disputes over after-the-event insurance commissions cannot be resolved through these proceedings. While solicitors successfully argued that ATE premium commission questions fall outside assessment jurisdiction, the court emphasized their fiduciary duty to disclose such information when asked...

In this podcast, Charles Bagot KC of Gatehouse Chambers and Janine Clark, Partner at Clyde & Co in Brisbane, explore the use of Alternative Dispute Resolution (ADR) in personal injury claims.