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Case review 22/05/2020
This recent Scottish decision confirms that insureds must provide fair presentation of all material risks prior to the commencement of a policy of insurance to ensure that coverage will be provided and any failure to this will enable an insurer to void the policy.
The Court of Appeal in Singapore recently released its judgment in Shimizu Corporation v Stargood Construction Pte Ltd  SGCA 37 (“Shimizu CA”).
In a landmark decision concerning the jurisprudence and applicability of the Building and Construction industry Security of Payment Act Cap 30B (“SOP Act”, interchangeably the “Act”), the Court of Appeal in Shimizu CA handed down binding new developments that are of high relevance to local developers and builders, as well as to international contractors based in, or are involved in projects seated in Singapore.
Our latest thinking into the insurance impacts arising from the ongoing crisis is offered against a positive step in the UK exit strategy. Abbott and Roche have now both been approved to provide COVID-19 antibody tests in the UK.
Since the Civil Justice Reform (“CJR”), the courts have been highly critical of “stale” claims which have been inactive for years. In furthering the underlying objectives of CJR, in particular ensuring that the action is dealt with as expeditiously as reasonably practicable, the attitude of “letting the sleep dogs lie” (i.e. allowing inactive proceedings to remain dormant) is also no longer acceptable.
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.
Exploring defences available to UK tour operators over pre-departure cancellations following the COVID-19 outbreak
The Package Travel and Linked Travel Arrangements Regulations 2018 make clear there is a requirement for tour operators to make a refund if they cannot provide the holiday the customer booked. However, it was clearly never the intention to cover such wide-scale interruption as we have seen since the COVID-19 outbreak.
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
Case review 04/05/2020
Unexplained Wealth Orders first hit the press in 2018 following the salacious spending spree of Zamaria Hajiyeva. A recent ruling from the High Court dismissing the NCA's request to pursue UWOs against three properties totalling more than £80 million serves as a helpful reminder that this helpful tool should be used proportionately.
Since the COVID-19 pandemic hit our shores, the courts have had to adapt very quickly to the number of new laws issued and court decisions reached in respect of remote proceedings, the main one being the Coronavirus Act (the Act) which came into force on 25 March 2020.
One could argue that it is slightly ironic that Scotland’s first virtual court hearing in response to the recent lockdown, which took place on 21 April 2020, was one surrounding the law of defamation in Scotland; an area of law which is deemed by some to be unfit for the digital age.