The Court of Appeal recently handed down judgment in Nectrus Ltd v UCP Plc [2021] EWCA Civ 57, dismissing Nectrus’ application under CPR r.52.30 to re-open the Court’s refusal of Nectrus’ permission to appeal application. At first instance, Sir Michael Burton had dismissed Nectrus’ argument that UCP’s claim was barred by the ‘no reflective loss’ […]
In a new article, Jeremy Brier considers the recent Supreme Court Judgment in Financial Conduct Authority v Arch (UK) Insurance & Others [2021] UKSC 1 on appeal from [2020] EWHC 2448 (Comm). The FCA “test case” concerned a sample of 21 insurance policies used in the market and in relation to which claims have been […]
On Monday, the Court of Appeal handed down judgment in Kawaskai Kisen Kaisha Ltd v. James Kemball Limited [2021] EWCA Civ 33. The Claimant (“JKL”) is a road haulier. Pursuant to a contract with the First Defendant (“K-Euro”) it performed the UK road haulage operations for containers carried on the liner service provided by K-Euro’s […]
Sir Christopher Greenwood QC has been interviewed in the first in a series of interviews of prominent arbitrators for the University of Cambridge Alumni Arbitration Law Association. The interview was billed as “Desert Island Law Reports” and saw a wide-ranging discussion, including Sir Christopher’s reflections on his life as an advocate and a judge, his thoughts on […]
The Supreme Court has today handed down its Judgment in the case of Financial Conduct Authority v Arch (UK) [2021] UKSC 1 on expedited appeal from [2020] EWHC 2448 (Comm). It is the “test case” on Business Interruption insurance policies and whether they provide coverage for losses caused by reason of the Covid-19 pandemic and public […]
The postponed Essex Court Chambers student open day will now be held virtually on Friday 26 February 2021. The event, which will be held in the morning, will give attendees an introduction to Chambers and working at the Commercial Bar. Attendees will also have the opportunity to meet members of Chambers and the clerking team. […]
Members of Chambers are pleased to announce that Matthew Gearing QC will join Essex Court Chambers on Monday 3 May 2021. Matthew is an exceptional advocate recognised internationally for his outstanding global investment treaty and commercial arbitration practice. Matthew qualified in England in 1997 and took Silk in 2014. He has been principally based in […]
On 11 January 2021 the Court of Appeal (Henderson, Flaux and Coulson LJJ) handed down judgment in PricewaterhouseCoopers LLP v BTI 2014 LLC, which considers the law on abuse of process in cases where there is no res judicata or issue estoppel. The claim brought by BTI against PwC is for damages for negligence in […]
The final day of the 48th English-Speaking Union – Essex Court Chambers National Mooting Competition took place on Monday 4 January 2021. The moot, which is the oldest mooting competition in the UK, was held virtually for the first time this year due to the Coronavirus pandemic. The Semi-Finals The first semi-final was between the […]
On 8 January 2021, the Queen’s Bench Division of the High Court (Mr Justice Kerr), handed down judgment in the case of TRW Ltd v Panasonic Industry Europe GmbH and Panasonic Automotive Systems Europe GmbH [2021] EWHC 19 (TCC), which raises a number of issues of general interest in relation to the Brussels Recast Regulation […]
A tribute to Edmund King, by Vernon Flynn QC. On Christmas Eve 2020, we lost Edmund King. He was 45. It is difficult to accept that he is no longer with us. This is not least because he always made his presence felt. You knew if Edmund was in the room. He had a determined […]
Toby Landau QC and Professor Dan Sarooshi QC have been selected for a panel of arbitrators appointed to hear disputes arising from the EU-UK Withdrawal Agreement. The panel of 25 arbitrators, who have been selected by the Joint Committee for Brexit, has been established to hear disputes arising from the withdrawal of the UK and […]
