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Case review 22/01/2020
English courts not the appropriate forum to determine whether Russian proceedings brought in breach of London arbitration agreement
The English High Court has recently found in favour of defendant insurers in declining to grant anti-suit injunctions and declaratory relief on the basis that the English courts were not the appropriate forum to determine whether a claim commenced before the Russian courts should be referred to London seated arbitration under ICC Rules.
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.
We are pleased to announce that we have strengthened our presence in Dublin by hiring insurance litigator and casualty specialist David Strahan from Arthur Cox. David, who qualified at the Irish Bar before his admission as a solicitor, becomes the fifth partner in our Dublin office.
Case review 20/12/2019
The hearing in Halliburton v Chubb took place in November 2019, with interventions from the London Court of International Arbitration and the International Chamber of Commerce, amongst others. The decision is eagerly awaited, but in readiness it is important to recap on how the case has unfolded to date, how opinions have differed and what issues are now before the Supreme Court.
The Governor of Bermuda has appointed Bermuda’s first privacy commissioner (Privacy Commissioner) pursuant to powers under the Personal Information Protection Act 2016 (PIPA).
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.
Case review 28/11/2019
The law of vicarious liability continues to exercise senior judicial minds, as the courts re-configure the traditional approach to this subject to meet the demands, evolving working practices and mores of the modern world. Two cases come before the Supreme Court this month and whilst we await the outcome we consider the potentially far-reaching ramifications for employers and insurers alike.
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.
Figures from The Royal Institute of British Architects (RIBA) suggest a growing trend towards disciplinary complaints. We previously considered why this trend exists. Here, we take a look at what steps to take when responding to a complaint.
Case review 20/11/2019
Cadent Gas Ltd v Singh [08.10.19]. The Employment Appeal Tribunal (EAT) recently upheld a decision that an employee was dismissed because of his trade union activities, in circumstances where the manager driving the disciplinary process had been motivated by hostilities towards the employee’s union.