News: December 2018

Professional negligence for gratuitous services

In Burgess & Anor v Lejonvarn [2018] EWHC 3166 (TCC), the Technology and Construction Court (TCC) has rejected a negligence claim against an architect for gratuitous services which she provided for her friends in connection with a landscape gardening project.

Mind Your Words: Entire Agreement Clause fails to act as bar to misrepresentation claim

On appeal to the High Court has held that an entire agreement clause that did not expressly exclude liability for misrepresentation was not effective in excluding misrepresentation claims.

The Expanding Reach of the SFO

In R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018], the High Court confirmed, for the first time, the SFO’s ability to compel the production of documents held by a foreign company located outside the jurisdiction, where there is was ‘sufficient connection’ between the company and the UK.

If you don’t ask…sometimes you do get!

Court sets aside arbitration award for serious irregularity on the basis that sole arbitrator grants relief which neither party asked for.