Disputas

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En esta página encontrarás todos los artículos y publicaciones de Disputas escritos por expertos de CMS en esta área del derecho.

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Artículos Recientes

  •  
    05/06/2024
    United Kingdom

    Loss of Chance in broker’s negligence claim - Norman Hay PLC v Marsh Ltd

    In a judgment dated 8 May 2024 the Commercial Court has held that where a broker’s negligence has resulted in no insurance policy being available, a claimant is not required to prove on the balance of probabilities that a putative insurer would in fact have indemnified the claimant. Rather, the Court’s assessment of causation and loss needs to involve consideration of the ‘loss of chance’ aspect including whether the putative insurer would have engaged in dealing with the underlying claim against the claimant and whether it would have provided an indemnity of some sort.BackgroundNorman...
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  •  
    05/06/2024
    England and Wales

    Court scales back HS2 protest injunction as project partially abandoned

    The High Court has recently extended, in time if not geographical spread, an injunction order to protect the HS2 project from unlawful interference by anti-HS2 activists and other trespassers.  The decision is significant in two respects: (i) it addresses the question of how claims of this type ought to address changing circumstances; and (ii) it considers the question of whether these kinds of proceedings ought to continue on an ‘interim’ basis, or ought to be brought to a final determination.The order, which covers all HS2 land for phase 1 of the project, was first granted in...
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  •  
    29/05/2024
    International

    The SIAC Annual Report 2023 – key takeaways in year of growth and record caseload

    In April 2024, the Singapore International Arbitration Centre (“SIAC”) published its Annual Report 2023, recording another year of high caseload and usage of the institution’s services across a broad and diverse geography of jurisdictions.We summarise some of the important highlights from the Report and share our key takeaways.Increase in CaseloadSIAC recorded its second highest caseload since its inception with 663 new cases filed in 2023, comprising 640 (97%) SIAC-administered cases, with the remaining 23 cases (3%) being ad hoc appointments. This represented a significant increase...
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  •  
    27/05/2024
    Europe

    Vital Signs Spring 2024

    As we push on into 2024 and towards summer, both the weather and some legal areas are hotting up. This edition of Vital Signs looks in detail at recent developments in four diverse legal areas. First, we review the current risks and trends in commercial contracts in the life science sector. Second, we consider how the law on supplementary protection certificates (SPCs) is developing, including the status of the EU pharma law package, CJEU referrals and national case law at the supreme court level. Third, brace yourself for an important decision in UK law on public procurement and the test for the...
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  •  
    24/05/2024
    United Kingdom

    Oil, gas and commodities: Supreme Court overturns Court of Appeal on force majeure

    On 15 May 2024, the Supreme Court unanimously overturned the Court of Appeal’s decision that a ‘reasonable endeavours’ obligation in a force majeure clause could require a party to accept alternative, or non-contractual, performance.The Supreme Court clarified the law on force majeure clauses by relying on well-established English law principles and found that an obligation to use reasonable endeavours in the context of a force majeure clause would not require a party who wishes to rely on the clause to accept the other party’s offer of non-contractual performance.FactsCMS...
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  •  
    21/05/2024
    England and Wales

    The Renters (Reform) Bill – Where are we now?

    The aim of the Renters (Reform) Bill was to strengthen tenants’ rights and protection in the private rented sector. At the same time, it was vital to ensure that the Bill recognises and safeguards private and institutional landlord’s interests since failing to do so could cause significant and widespread damage to the rental market. Since the Bill was first published a year ago, there has been ever-increasing criticism from renters claiming that it has been watered down to appease landlords and no longer lives up to its stated intention of creating a fairer private renters market.These...
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