In a long-awaited judgement arising from the Deepwater Horizon oil rig disaster, the Supreme Court has confirmed that arbitrators may accept multiple appointments on related matters. However in this significant ruling it has been decided that an arbitrator has a…read more
HMCTS moving forward with digital courts data collection. Published December 2020
HM Courts and Tribunal Service (HMCTS) is moving forward with data collection recommendations made by researchers, despite claims that progress is ‘disappointingly slow’. In a recently released paper, HMCTS has set out the progress in the last 12 months against…read more
Deliberate concealment restarts the clock on limitation defence. Published November 2020
Deliberately hiding incriminating facts can overturn the original position on a limitation defence. If the defendant deliberately hides relevant facts, the limitation clock only starts once the concealment is revealed the courts have confirmed. In 2015, RG Securities bought a…read more
High Court rules on FCA business interruption insurance test case. Published October 2020
The High Court has arguably ruled in favour of the Financial Conduct Authority (FCA) in its recent test case to clarify whether some businesses shut down by the Covid-19 pandemic can claim on their Business Interruption (BI) insurance. The Court…read more
Insolvent construction firms can settle disputes through adjudication the Supreme Court rules. Published September 2020
Insolvent construction companies are permitted to start adjudication proceedings to resolve disputes with contractors the Supreme Court has ruled. The decision paves the way for more adjudications by administrators of businesses forced into administration by the consequences of the…read more
Mediation organisations create Pandemic Business Dispute Resolution Service. Published August 2020
Two leading dispute resolution organisations have created an online service to help resolve business disputes in the wake of the coronavirus pandemic. The Chartered Institute of Arbitrators (CIArb) and the Centre for Effective Dispute Resolution (CEDR) have launched the facility…read more
City firm develops DBA insurance solution to boost litigation funding. Published July 2020
City law firm, Fieldfisher, has launched a Damages-Based Agreement (DBA) insurance solution to help it to support more clients with litigation funding. The firm claims that the COVID-19 pandemic means more businesses want to share the risk of the cost…read more
FCA seeks legal clarity on Business Interruption insurance. Published June 2020
The Financial Conduct Authority (FCA) is asking the courts to clarify whether businesses, shut down by the Covid-19 pandemic, can claim on their Business Interruption (BI) insurance. The regulator says that most BI policies do not provide cover for pandemics,…read more
Blocked email was not validly served rules judge. Published May 2020
An appeal sent by email to the First-tier Tribunal was not validly served after it was blocked by the Tribunal’s firewall. The case highlights the risk of using email to send important information to the courts without checking it has…read more
Professional Indemnity Insurance – A viable alternative to AOC cover? (Originally published October 2018)
(Originally published by the Association for Consultancy and Engineering in InterfACE News October 2018) James Burgoyne of Brunel Professions discusses some of the differences between Any One Claim cover and Aggregate – Round the Clock Reinstatements cover The professional…read more
