Disputas

Artículos Recientes

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  05.12.2023

  United Kingdom

  Jagger and others v AXA Insurance UK Plc [2023] 7 WLUK 263 – Three Strikes Not Out

  The Court has found that it was an abuse of process to rely on the evidence of an expert whose independence was in question, as well as issuing the claims for significantly less than they were later amended to (and where the increased court fee was not paid until an Unless Order was issued). However, this abuse of process did not result in the striking out of the claims.BackgroundSheffield based law firm, SSB Law, represented 1,428 litigated claims concerning the defective or inappropriate installation of cavity wall insulation. 143 of these claims were issued within the Damages Claims Portal (‘DCP’)...

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  04.12.2023

  International

  Hague 2019 and recognition and enforcement of foreign judgments – a welcome step in the right direction

  UK Government confirms entry into Hague 2019On 23 November 2023 it was confirmed that the UK government will sign the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Hague 2019”).  The decision paves the way to the implementation of an effective and uniform approach for the mutual recognition and enforcement of judgments between the UK and other contracting states, including EU member states (other than Denmark), Ukraine and Uruguay.  The United States, Israel and Russia are also expected shortly to ratify...

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  04.12.2023

  United Kingdom

  Causation of indivisible diseases – material contribution test applies, says Court of Appeal

  In Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377, the Court of Appeal has attempted to bring clarity to the notoriously slippery legal concept of “material contribution”.The judgment reviews the leading cases in some detail and provides clear guidance on an area which, the court observed, has been “bedevilled by apparent inconsistency and imprecision at the highest level on multiple occasions.” (para. 30).The case concerned an individual who alleged that his Parkinson’s Disease was caused, at least in part, by exposure to the organic solvent Trichloroethylene (TCE)...

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  01.12.2023

  United Kingdom

  Supreme Court clarifies position on uncontroverted evidence - TUI Ltd v Griffiths

  The Supreme Court has now clarified the position in relation to uncontroverted evidence.After nine years, TUI Ltd v Griffiths [2023] UKSC 48 has reached a conclusion which most practitioners were expecting. Subject to certain important exceptions, evidence which is not agreed must be challenged by cross-examination. This is an essential feature of our adversarial system and is required to ensure fairness to the parties, the witness (whose evidence a judge is invited to reject) and the court.Although Griffiths concerned expert witness evidence, the principle established applies to the evidence of...

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  01.12.2023

  United Kingdom

  Court of Appeal revisits its decision on mandatory ADR - Mr Churchill v Merthyr Tydfill County Borough Council

  In a much-anticipated judgment, the Court of Appeal has returned to the question of mandatory non-court-based dispute resolution (or ADR, as most people still call it), which was previously considered by the Court of Appeal 20 years ago in Halsey[1].Two principal questions were considered: does the Court have the power to order the parties in Court proceedings to engage in some form of ADR? If so, in what circumstances?In determining that the Court does have that power, the judgment echoes the recent conclusion of the Civil Justice Council that mandatory ADR is not inconsistent with Article 6 of...

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  30.11.2023

  England and Wales

  Newcomer Injunctions: new Supreme Court decision

  This recent decision gives comfort to a number of companies and other entities, particularly in the Energy sector, who have obtained similar injunctions: Wolverhampton City Council and others v London Gypsies and Travellers.Whilst this case related specifically to injunctions obtained by various Councils in relation to traveller encampments, the decision is more far reaching.  This is as a result of the rise of the use of similar injunctions against so called “newcomers” in relation to areas as diverse as environmental protests, breaches of intellectual property rights and unlawful...

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