Articles

3PB Barristers' commercial & Business Law Group brings you the Autumn Edition of its Legal Update Handout.

Topics:
1.Interpreting exclusion clauses between commercial parties [Transocean Drilling UK Ltd v Providence Resources plc [2016] EWCA Civ 372]
2.The duty to mitigate debt claims: White & Carter v. McGregor reconsidered by the Court of Appeal [MSC Mediterranean Shipping Co SA v. Cottonex Anstalt [2016] EWCA Civ 789]
3.The 2016 changes to Insurance Law: A litigator's perspective
4.Can a false contractual warranty also give rise to a claim in misrepresentation? [Idemitsu Kosan Co Ltd v. Sumitomo Corp [2016] EWHC 1909]
5.Recent issues in contribution claims under the 1978 Act [W.H. Newson Holdings Ltd v. IMI plc [2016] EWCA Civ 773 and Cape Distribution Ltd v. Cape Intermediate Holdings plc [2016] EWHC 1119 (QB)]
6.Illegality in the Supreme Court [Patel v. Mirza [2016] UKSC 42]

Esther Lieu summarises Re AB (Surrogacy: Consent) [2016] EWHC 2643 (Fam) (Nov 16).

Esther Lieu analyses M v F [2016] EWHC 3194 (Fam) (Jan 2017) for Family Law Week.

Andrew Perfect and Sharan Sanghera analyse the recent Supreme Court decision on collateral lies in insurance contracts. The Court by a majority held that a collateral lie is not subject to the fraudulent claims rule. The telling of a lie, if truly collateral to the claim being made, does not permit an insurer to refuse to pay. Lords Sumption, Clarke, Hughes and Toulson concurred, Lord Mance dissented. Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45

R v Jogee (Appellant) Supreme Court 2016 UKSC 8 - a commentary by 3PB criminal law barrister Berenice Mulvanny following this Supreme Court decision

The meaning of deleted terms and voluntary arrangements in the Court of Appeal by Cheryl Jones - Narandas-Girdhar v. Bradstock [2016] EWCA Civ 88.

Christopher Edwards provides an overview of the law relating to the Commercial Agents Directive and its latest developments in Webinar for Lexis Nexis.

Continuing breach is an area of law that has suffered from a level of uncertainty. In the context of professional risk, it is often important to limitation arguments, in order to determine when a breach of duty has occurred. Christopher Edwards (Call 2008) analyses the most recent contribution of the Court of Appeal, in Capita (Banstead 2011) Ltd v. RFIB Group Ltd [2015] EWCA Civ 310.

If a contract for work and materials is performed badly, can there be a total failure of consideration? By what 'performance' is that question to be addressed? And can there also be a claim for damages? Christopher Edwards analyses the most recent contribution of the Court of Appeal to the question of total failure of consideration and damages, in Gartell & Son (a firm) v. Yeovil Town Football & Athletic Club Limited [2016] EWCA Civ 62, [2016] BLR 206, 164 ConLR 28

3PB's David Richards reviews Fleet Maritime Services v the Pensions Regulator, on the applicability of automatic pensions enrolment for peripatetic employees

Emma Waldron provides a brief update on the latest development in respect of costs of MOJ Portal drop out "disposal hearings" and considers the potential impact of the case which has been given permission to appeal Bird v Acorn Group Limited

Commercial update: pay the correct issue fee or limitation may not stop running by Gavin Hamilton