An Australian state Court of Appeal decision has expressly rejected the reasoning of Mr Justice Flaux (as he then was) in the English High Court case of Synergy Health (UK) Ltd v CGU Insurance Plc [2010] EWHC 2583 (Comm), finding that depreciation is not to be deducted as a “saving” when quantifying loss of Gross … Read more
In an important recent decision, the Court of Appeal has confirmed the test for rectifying a contractual document on the grounds of common mistake: FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361. In summary, the Court confirmed that to establish a claim for rectification, a party must prove that the … Read more
As in many jurisdictions, class actions are becoming more frequent in the English courts. A body of case law is building up, and that will be added to by three cases which are to go to the Supreme Court, as discussed on this recent post on our Litigation Blog. Significant disputes of all types frequently … Read more
Warranty and Indemnity (W&I) insurance is being used more and more widely across the breadth of global M&A activity to provide protection to buyers for breaches of warranty. Whilst the W&I insurance policy will govern how and what claims can be made by buyers, there is considerable case law relating to the measure of damages … Read more
The UK’s data protection authority, the ICO, has announced twice in two days this week that it proposes to levy significant fines on organisations for breaches of the General Data Protection Regulation (GDPR), which took effect in May 2018. First it announced that it intends to fine British Airways some £183 million for a data … Read more
In Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm), David Railton QC sitting as a Deputy High Court Judge in the Commercial Court decided that the reinstatement basis was the appropriate measure of indemnity for a property severely damaged by fire which had not been reinstated. The Judge found … Read more
Young v Royal and Sun Alliance plc [2019] CSOH 32 is the first case to be decided under the Insurance Act 2015. It was alleged that the insured had breached its duty of fair presentation and the issue for the Scottish Court was whether the insurer had waived its right to disclosure of particular information … Read more
The Court of Appeal recently allowed RSA’s appeal in Euro Pools Plc (in administration) v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808 (click here for the full judgment). Overturning the first instance decision, the Court of Appeal’s decision provides further valuable guidance on the key principles relevant to the question of whether … Read more
