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In a ruling made at a hearing on 18 January 2022 in the case of Cambridgeshire County Council v Bam Nuttall Limited & Ors [2022] EWHC 275 (TCC), Mr Justice Waksman gave guidance on the formulation of the list of issues for disclosure (the "LOID") required under the Disclosure Pilot Scheme (set out in Practice Direction 51U ("PD 51U")).
On 2 December 2021, the Court of Appeal confirmed that: (i) clear wording in an insurance policy could not be overridden by countervailing factors in the factual background; and (ii) a claim could not be estopped where the insurance policy expressly precluded the party claiming estoppel from avoiding liability in the relevant circumstances. The judgment reinforces that, where there is clear and unambiguous contractual wording, the Court will apply it.
The Board of the Privy Council has provided clarity in relation to the scope of duty principle in the recent case of Charles B Lawrence & Associates v Intercommercial Bank Limited (Trinidad and Tobago) [2021] UKPC 30.
Towards the end of last year, in Smith v Fonterra [2021] NZCA 552 ("Fonterra"), New Zealand's Court of Appeal provided a counterweight ruling to the Dutch Milieudefensie claim (on which, see our briefing).
A regular briefing for the alternative asset management industry.
In amongst the blizzard of press releases and policy documents emanating from the Department of Levelling Up, Housing and Communities since the New Year is a consultation called "Reforming the leasehold and commonhold systems in England and Wales". It is important for the commercial real estate sector because it contains new proposals which could tip the balance in mixed use buildings between residential leaseholders on one hand and freeholders and commercial leaseholders on the other hand.
HMRC has published new guidance (Revenue and Customs Brief 2/22) relating to its policy on the VAT treatment of early termination fees and compensation payments paid pursuant to contractual provisions.
Our annual briefing highlighting the key 2021 legal developments which impact the funds' industry and previews what can be expected in 2022.
The UK Government has announced plans for a "Brexit Freedoms" Bill which would make it easier to change retained EU law. It is also considering a series of other measures with implications for retained EU law.
France's data protection regulator (the CNIL) has imposed hefty fines on Google (€150m) and Facebook (€60m) for making it more difficult for users in France to reject cookies than to accept them. The companies also face penalties of €100,000 per day of delay if they fail to simplify the reject mechanism within 3 months.
Welcome to the sixth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.
A regular briefing for the alternative asset management industry.
Peter Hughes and Joseph Wren and Vanessa Kalijnikoff Battaglia have co-authored a chapter in the GLI - Fund Finance 2022 publication highlighting the key structural and documentary legal issues that should be considered by a private capital manager thinking about entering into derivatives transactions at fund level.
Danny Peel, Katie McMenamin and Jamie Parish have co-authored a chapter in the GLI - Fund Finance 2022 publication highlighting the new liquidity solutions available for alternative asset fund managers.
The long-awaited Environment Act was finally passed into law in November 2021, nearly three years after a bill was first proposed to govern environmental matters after the UK's departure from the EU. The Act's passage was accompanied by a degree of fanfare, with ministers describing it as "the most ambitious environmental programme of any country on earth".
Key employment and business immigration developments for employers.