The Supreme Court has given judgment in R v Luckhurst [2022] UKSC 23, which concerned an important point of statutory construction under section 41 of the Proceeds of Crime Act 2002 (POCA), and the permitted exceptions which may be made to release funds from assets which are otherwise subject to a restraint order. A restraint […]
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In UCP Plc v Nectrus Limited [2022] EWCA Civ 949 the Court of Appeal (Sir Geoffrey Vos MR, Underhill LJ and Lewison LJ) granted Nectrus’ application to re-open its appeal pursuant to CPR 52.30 on the issue of reflective loss. The case considers the circumstances in which judges should recuse themselves from determining an application […]
Today, Thursday 21 July 2022, the Grenfell Tower Inquiry hearings, led by Richard Millett QC, came to an end. In May 2018 the Grenfell Tower Inquiry was created to examine the circumstances leading up to and surrounding the fire at Grenfell Tower on the night of 14 June 2017. Over the course of four years, […]
The Finals of the English-Speaking Union – Essex Court Chambers National Mooting Competition took place in London yesterday, Wednesday 13 July, marking the 50th Anniversary of the event. Two semi-finals took place at the Headquarters of the ESU (Dartmouth House) and were between Oxford Brookes University v King’s College London and Queen’s University Belfast v […]
Iain Quirk QC has been appointed to the Committee of the Chancery Bar Association, following an election and voting of its entire membership. Iain specialises in arbitration, commercial and chancery litigation, and sports law. He has a specialist practice before the Chancery Division, in significant unfair petition cases and shareholder disputes, as well as offshore. […]
In a judgment handed down on 4 July 2022, Mrs Justice Cockerill held that a claimant deliberately breached its duty of full and frank disclosure, and she set aside an order for service out of the jurisdiction. In doing so, the judge considered the existence of the tort of abuse of process and held that […]
Essex Court Chambers are delighted to have been shortlisted in 15 categories for The Legal 500 Bar Awards 2022: Members: International arbitration Silk of the year (Joe Smouha QC) Technology and data silk of the year (Charles Ciumei QC) Shipping, Commodities, and Aviation Silk of the year (Steven Berry QC) International law silk of the […]
On 15 June 2022, the Supreme Court handed down judgment in the appeal in AIC Ltd v Federal Airports Authority of Nigeria. The decision gives important guidance on the principles applicable to the Court’s power to re-open a judgment or order in the period between pronouncement of its judgment or order in open court and […]
On 20 June 2022, the Commercial Court (Foxton J) handed down judgment in the case of ARI v WJX, which considers the circumstances in which (i) an arbitrator will be found to have accepted an appointment as an arbitrator and (ii) the nominating party will be found to have effected the appointment of the arbitrator. […]
(1) Mrs A Webster v The United States of America, (2) Miss C Wright v The United States of America [2022] EAT 92 The Employment Appeals Tribunal (EAT) has upheld the State immunity of the USA in respect of the claims of two former employees who worked at US Airforce (USAF) bases in the UK. Mrs Webster […]
Climate Change and Insurance Law Authors: David Scorey KC, David Walsh and Helen Morton. Click to download PDF Introduction As the effects of climate change escalate, both in terms of physical consequences and regulatory responses, there has been a proliferation in in research and review of the likely issues which the finance and insurance industries will […]
Climate Change and long-term energy contracts Author: David Mildon KC. Click to download PDF Introduction Planning for climate change has become increasingly topical. The senior executives of multinational companies are under pressure to demonstrate that they are taking such changes into account in their long-term investment decisions. This paper will look at a narrow sub-set […]
