Recent Posts

Posted in Commercial

When may a counterfactual become too hypothetical?

The case of Galtrade Limited v BP Oil International Limited[1] (Adrian Beltrami QC, sitting as a Judge of the High Court) is notable for revisiting discussion of the proper classification of a contractual guarantee, for considering the proper assessment of damages for reliance loss (being loss incurred for acting in…

Posted in Construction Property

The Fire Safety Act 2021

Ruth Keating introduces a guest post from Samantha Jones on the Fire Safety Act (previously published on Chambers’ Civil Law Blog On 29 April 2021, Parliament passed the Fire Safety Act 2021 (the “Act”). The Act has been introduced to amend the application of the Regulatory Reform (Fire Safety) Order…

Posted in Company

Issues in Unfair Prejudice Petitions 4: Relief

In this series of posts, Anna Lintner analyses key issues that arise in unfair prejudice petitions pursuant to s.994 Companies Act 2006. The court has an exceptionally wide jurisdiction to order relief pursuant to s.996 Companies Act 2006 (CA 2006) where it has found that an unfair prejudice petition presented…

Posted in Arbitration Commercial

Red cards for judges: further guidance on Halliburton

For many of us, we have not forgotten the recent wait and ultimate outcome of the Supreme Court’s decision in Halliburton Company v Chubb Bermuda Insurance Ltd[1] (“Halliburton”). The Court of Appeal has applied the guidance from Halliburton in a recent judgment in Manchester City Football Club Ltd v The…

Posted in Arbitration

The importance of identifying parties – Vale SA and others v Steinmetz and others

On 16 July 2021 the Court of Appeal handed down Vale SA and others v Steinmetz and others [2021] EWCA Civ 1087. This case is an important reminder of the principle that, generally, only parties to an arbitration agreement will be bound by any resultant arbitral award. What follows here…

Posted in Commercial Construction

Landmark Decision on the Scope of Economic Duress in English Contract Law

On 18 August 2021, the Supreme Court gave judgment in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40, a decision in which it clarified, amongst other things, the nature and elements of the doctrine of duress in English law and the existence as a concept of…

Posted in Arbitration Public International Law

Foreign Office travel advisory further update: service of an order enforcing an arbitral award against a sovereign state must be effected through the FCDO

Can a foreign state become subject to the enforcement jurisdiction of the English court without ever having been validly served a document required to be served for instituting proceedings? The answer, perhaps unsurprisingly, is no. Perhaps more surprisingly, that is only the case due to a 3–2 split decision of…

Posted in Commercial Construction

Updates and extension to the Disclosure Pilot

When it commenced on 1 January 2019 the Disclosure Pilot Scheme in the Business and Property Courts was initially planned to be a two-year scheme.  The second extension of the Pilot until 31 December 2022 is now due to come into effect on 1 October 2021.  In announcing the extension…

Posted in Privilege

Rattle your sabre, but do not draw your sword

In civil litigation, the pre-action protocols encourage parties to exchange correspondence to, inter alia, understand each other’s position and try to settle the issues without proceedings. This is laudable – litigation should always be a last resort. However, while such correspondence may take on a wide variety of flavours, many…

Posted in Arbitration

Expedited at last: UNCITRAL’s streamlined procedural rules

On 19 September 2021, the UNICTRAL Arbitration Rules will be re-published to include, for the first time, provision for expediated arbitral proceedings: the Expedited Arbitration Rules (EAR).  The EAR will be appended to the UNCITRAL Arbitration Rules, and were released in draft form before being adopted at UNCITRAL’s 54th session…