The Court of Appeal handed down judgment on 22 February 2021 in Bilta (UK) Ltd (In Liquidation) & others v. Traditional Financial Services Ltd [2021] EWCA Civ 221, following its decision at a hearing on 19 January 2021 to allow an appeal from the refusal of Marcus Smith J to adjourn a five week trial […]
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On 16 February 2021, the Grand Chamber of the European Court of Human Rights handed down its decision in Hanan v Germany. The case concerned an airstrike in Kunduz, Afghanistan, ordered by a Colonel of the German contingent of the International Security Assistance Force (ISAF), commanded by NATO. The airstrike was ordered in respect of […]
Members, Clerks and Staff from Essex Court Chambers have pledged to collectively walk, run or cycle 3000 miles. Between 1st and 31st March 2021, the team will walk, run or cycle in an effort to reach the collective target. Members, Clerks and Staff have volunteered to undertake this challenge to raise money and awareness for […]
On 27 January 2021, the Court of Appeal handed down judgment in Jalla & Others v Shell International Trading and Shipping Company & Others [2021] EWCA Civ 63, an appeal concerning issues of continuing nuisance and limitation. The Claimants—comprising 27,800 individuals and 457 communities who live and work by or in the hinterland of a […]
On 28 January 2021, a Special Chamber of the International Tribunal for the Law of the Sea handed down judgment in the preliminary objections phase of Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). In these proceedings, Mauritius seeks delimitation of a maritime boundary between the Chagos Archipelago […]
Members of Essex Court Chambers announce that Paul Davies, Professor of Commercial Law at University College London, has completed his practising period of pupillage and is now a practising tenant, taking instructions at Essex Court Chambers. Paul will practise alongside his academic work and will continue in his post at UCL. Professor Davies has already […]
Five cases involving members of Essex Court Chambers are featured in The Lawyer’s Top 20 cases with proceedings set to be heard in court during 2021. The list includes cases with the most significant sums in dispute as well as disputes involving high profile parties or issues. The cases involving members of Essex Court Chambers […]
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 […]
