Tag Archives: UK

February 14, 2018

A tale of Two Right Feet: indemnity costs for baby business

By Fladgate LLP of Fladgate LLP

The tale of Two Right Feet Limited reminds us of the importance of investigating and considering the merits of a claim prior to commencing proceedings, and the dangers of forging ahead with speculative litigation.

In July 2017 a judgment of the High Court of Justice in Two Right Feet Limited (In Liquidation) v National Westminster Bank Plc, Royal Bank of Scotland Plc, KPMG LLP[1] ordered Two Right Feet Limited, an insolvent online baby products business (previously featured on BBC’s Watchdog), to pay indemnity costs of the three defendants.

Posted in Europe | Legal Updates

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February 8, 2018

Limitation periods and standstill agreements: How can they impact your claims?

By Fladgate LLP of Fladgate LLP

Claims arising from construction projects often require consideration of the law of limitation.

Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature and timeline of projects, where numerous parties are involved, the period from commencement through to completion can span many years, and the parties’ liabilities extend beyond completion.

Posted in Europe | Legal Updates

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February 8, 2018

Block-insurance-buster

By Fladgate LLP of Fladgate LLP

Block insurance policies are a very common way of insuring multiple properties. Landlords can benefit from economies of scale and may find the administration easier with only one renewal date and uniform terms. However, earlier this year the Upper Tribunal held that one landlord could not recover its block policy premia, despite being permitted to do so under the terms of its lease, because the premia were not “reasonably incurred”.

Posted in Europe | Legal Updates

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February 8, 2018

Is a UK parent liable for the conduct of its foreign subsidiary?

By Fladgate LLP of Fladgate LLP

In a landmark decision in Lungowe v Vedanta Resources Plc[1] the Court of Appeal has ruled that a number of claimants can pursue their claim against a Zambian mining company and its English parent in the English courts despite the claim’s limited connection to England. The decision has widened the scope of potential claims against a UK parent company to include claims by those affected by a subsidiary’s operations. The decision should be on the radar of UK companies with foreign operations.

Posted in Europe | Legal Updates

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February 2, 2018

Flammable cladding: important issues for occupiers to consider

By Fladgate LLP of Fladgate LLP

Occupiers must be alert to changes to lending and insurance requirements as a result of the Grenfell Tower tragedy. The fire initiated the largest review of health and safety legislation in the UK since 1945. Two inquiries are currently underway which are expected to lead to substantial changes to building regulations and fire safety, with a public inquiry investigating the causes of the fire.

Posted in Europe | Legal Updates

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February 2, 2018

Out of time Inheritance Act claims: lessons from the Sargeant case

By Fladgate LLP of Fladgate LLP

Mrs Mary Sargeant’s case is a classic example of why advisers of bereaved widow(er)s are ideally placed to help their clients consider whether sufficient provision has been made for them under their deceased spouse’s Will. The problem, as Mrs Sargeant found out, is that this is sometimes not obvious even a number of months after their spouse’s death. However, the law places restrictions on how long bereaved spouses can take to try to improve their financial lot if insufficient provision has been made for them.

Posted in Europe | Legal Updates

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February 2, 2018

Living overseas doesn’t mean you aren’t domiciled in England

By Fladgate LLP of Fladgate LLP

In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction.

The court held that the defendant was domiciled in England, although he was a Russian national who had always been resident in Russia, had a “family home” in Moscow, was tax domiciled in Russia, ran his business from Russia, spent about 200 days of the year in Russia and had no business assets in England.

Posted in Europe | Legal Updates

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January 30, 2018

Court bans abusive litigation tactics but for how long?

By Fladgate LLP of Fladgate LLP

A welcome decision of the English High Court that potentially abusive litigation tactics cannot prevail could prove short-lived as a result of Brexit uncertainty.

The usual court first seized rule applies where claims are issued by disputing parties in the courts of two or more EU member states. This means that all courts must stay their own proceedings until the court where the proceedings were brought first in time has determined whether it has jurisdiction. It became possible to exploit this anomaly through a practice known as the “Italian torpedo”. By commencing pre-emptive proceedings in Italy, lengthy delays in the Italian courts could severely delay the chosen court in proceeding to hear the claim.

Posted in Europe | Legal Updates

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January 30, 2018

Minimum Energy Efficiency: it’s all about MEE MEE MEE

By Fladgate LLP of Fladgate LLP

As stated in our articles ‘A greener and more pleasant land?‘ and ‘EPCs and minimum energy efficiency standards for private rented properties‘, the implementation of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (Regulations) takes effect from 1 April 2018.

With the implementation date fast approaching, this article is intended as a reminder of the main requirements imposed by the Regulations and a review of the practical consequences for those letting and occupying commercial premises.

Posted in Europe | Legal Updates

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January 25, 2018

Third party funders on the hook for indemnity costs

By Fladgate LLP of Fladgate LLP

On 18 November 2016, the Court of Appeal brought an end to the long running Excalibur Ventures LLC v Texas Keystone Inc and others litigation, providing some useful guidance on the extent to which third party litigation funders may be liable to pay the costs of a successful defendant in a funded claim. In short, funders may be liable for indemnity costs awarded against their funded clients even when they themselves have been guilty of “no discernible conduct”. The court considered that the derivative nature of a funder’s involvement should ordinarily lead to it being required to contribute to costs on the same basis as the funded claimant.

Posted in Europe | Legal Updates

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About the ILN

Tag Archives: UK

A tale of Two Right Feet: indemnity costs for baby business

Limitation periods and standstill agreements: How can they impact your claims?

Block-insurance-buster

Is a UK parent liable for the conduct of its foreign subsidiary?

Flammable cladding: important issues for occupiers to consider

Out of time Inheritance Act claims: lessons from the Sargeant case

Living overseas doesn’t mean you aren’t domiciled in England

Court bans abusive litigation tactics but for how long?

Minimum Energy Efficiency: it’s all about MEE MEE MEE

Third party funders on the hook for indemnity costs

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