News: April 2018

The right to adjudicate – Interpretation of ‘excluded operations’

24 April 2018

The Housing Grants, Construction and Regeneration Act 1996 (Act) grants the right to refer disputes relating to construction operations to adjudication. However, a number of operations under section 105(2) of the Act are excluded from this right. The recent decision of the Technology and Construction Court (TCC) in Equitix v Bester[1] offers helpful guidance on […]

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Victory for RBS in its long-running defence of Property Alliance Group’s high-stakes LIBOR claim

19 April 2018

An appeal brought by property investment and development business Property Alliance Group Limited (PAG) in its long-running case against the Royal Bank of Scotland (RBS) has been dismissed by the Court of Appeal. PAG was refused permission to appeal the decision to the Supreme Court, which brings to an end the first civil proceedings involving […]

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Can cryptocurrencies handle the spotlight?

12 April 2018

On 22 February 2018 the UK Parliament announced it will be launching an inquiry into cryptocurrencies to examine the role of digital currencies in the UK; both the risks and opportunities. The inquiry follows a heightened global focus on digital currencies as their popularity escalates. In September 2017, China banned the sale of new digital […]

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Crossed wires as a phone charger company dies

9 April 2018

In the UK 85% of adults have a smartphone and nearly all use their phone every day.[1] So a company with a device that automatically backs up your phone whilst charging should be flying high. However, this was not so for Meem SL Limited (Meem). In Re Meem SL Limited (in administration)[2], against the backdrop […]

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The duty of a salesman

6 April 2018

On 5 December 2017, the High Court handed down its latest swaps mis-selling judgment in Marz Limited v Bank of Scotland Plc. The decision confirmed a bank can exclude obligations by agreement and rejected the imposition of an “intermediate duty” on banks as a general principle. In 2008, the Bank of Scotland (the Bank) provided […]

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Is the future of dispute resolution online?

5 April 2018

Last month we reported on the increasing drive in English litigation towards alternative means of resolving disputes, including proposals for the increased use of Online Dispute Resolution (ODR). Now, the European Commission has published a report on the function of its online European Dispute Resolution platform, launched in January 2016. Interestingly, the report reveals that […]

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Two LCIA arbitrations for the price of one?

4 April 2018

How do you commence an LCIA arbitration if you have claims under several similar contracts against one party? Can you really get two LCIA arbitrations for the price of one? The recent decision by the Commercial Court highlights a trap into which the unwary could fall. In A v B [2017] EWHC 3417 (Comm), B […]

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