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Case reviews

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29 June 2017
In the recent appeal case of Select Car Rentals (North West) Limited v Esure Services Limited, Mr Justice Turner upheld an earlier judgment to award costs to a successful defendant, despite the claimants themselves receiving the benefit of qualified one-way costs shifting (QOCS) protection.
10 May 2017
The European Court of Justice (ECJ) has ruled in Marcela Pešková & Jiří Peška v Travel Service [04.05.17] that, in the context of EC Regulation 261/2004 (the Regulation), a collision between an aircraft and a bird is an “extraordinary circumstance”, which may exempt the carrier from its obligation to pay compensation.
14 October 2016
High Court holds that when valuing a gaming arcade the valuer should have followed the RICS guidance notes and calculated the EBITDA and multiplier; the appropriate reduction for contributory negligence was 40% given the borrower’s dishonest misuse of a previous loan.
12 October 2016
Court of Appeal holds that charterers’ failure to pay hire in advance under time charterparties on amended NYPE 1993 forms was not a breach of a condition; the decision in The Astra was incorrect.
12 October 2016
The High Court has considered how damages should be quantified in data breach claims where claimants suffer no pecuniary loss and claim solely for distress and anxiety.
5 October 2016
The High Court has held that an arbitrator’s general power to award costs includes the power to award the costs of third party litigation funding, on the basis that these are "other costs of the parties" within s.59(1)(c) Arbitration Act 1996 (the Act).
27 September 2016
TalkTalk unsuccessfully appealed against a fixed monetary penalty notice of £1,000, for failing to notify the Information Commissioner’s Office (ICO) of a personal data breach within 24 hours of detection of the breach, as required by the Privacy and Electronic Communications Regulations 2003 (PECR) and the Notification Regulation (611/2013).
16 September 2016
In a decision which represents good news for directors and their insurers, the Supreme Court has highlighted the difficulties in piercing the corporate veil to recover directly from directors.
14 September 2016
Court of Appeal upholds decision that the defendant had failed adequately to implement its plan to manage the risk of norovirus.
12 August 2016
Court of Appeal holds that a constructive total loss (CTL) of a vessel detained by customs authorities in Venezuela after drugs were strapped to its hull by malicious persons was not covered under standard war risks policy terms because the infringement of customs regulation exclusion clause applied.
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