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This update includes a round-up of recent court decisions dealing with design obligations in supply contracts and a number of issues relevant to adjudication, including: insolvency, Part 8 declarations, the correction principle and the interplay between “true value” and “smash and grab”.
Case review 08/07/2020
On 17 June 2020, the Supreme Court handed down judgment in the case of Bresco Electrical Services Limited v Michael J Lonsdale (Electrical) Limited reversing the Court of Appeal’s decision and holding that the two regimes of insolvency and adjudication are compatible.
Case review 07/05/2020
The story continues: Debenhams and the application of furlough schemes to companies in administration
On 15 April 2020, the joint administrators of Debenhams Retail Ltd made an application for directions to Mr Justice Trower on the COVID-19 furlough scheme.
With Foreign Secretary Dominic Raab MP having confirmed that the UK’s lockdown will be extended for “at least” the next three weeks, we provide you with our latest thinking into the insurance impacts arising from the ongoing crisis.
Case review 15/04/2020
On 13 April 2020, Mr Justice Snowden released his judgment in the matter of Carluccio’s Limited (in administration) and handed down declarations and directions to the joint administrators of the company. The directions set out the legal basis upon which the joint administrators could place a large number of the company’s employees on furlough, pursuant to the government’s Coronavirus Job Retention Scheme.
The government has announced unprecedented measures to assist certain businesses through the inevitable difficulties they will face as a consequence of measures being adopted to slow the rate of infection amongst the population of COVID-19.
With the pace of change in the global insurance market showing no signs of slowing in 2020, we have underlined the London Market’s need to reassert its ability to adapt and manage the constant evolution of global risk. Releasing our annual London Market forecast for the year ahead, we have made predictions across 11 areas impacting the London Market, namely: aviation, casualty coverage, construction, cyber, energy, financial lines, marine, product liability and life sciences, professions, political risks and property damage.
Case review 05/12/2019
MacDonald v Carnbroe Estates Limited [4.12.19]. The Supreme Court has clarified the meaning of ‘adequate consideration’ but at the same time caused uncertainty in holding, for the first time, that the court’s remedy for a gratuitous alienation, may give credit for the price paid by the bona fide purchaser for the property.
We are pleased to announce that highly regarded commercial litigation partner Jane Kupsch and senior associate Lucy Reade have joined our growing Melbourne office today. Both were formerly at Piper Alderman.
The retail sector has been hard hit over the last 10 years, with an endless list of casualties on the high street but why are we seeing a continual increase of brand name evaporation?