Court Report

Articles

Cometsambre v Lloyd's: Commercial Court allows insurer to avoid policy over undisclosed scrap metal fires

Commercial Court finds Belgian scrap dealer breached its duty of fair presentation by not disclosing prior cargo fires.

R (Thomas) v Lewisham: High Court dismisses challenge to Scott House student housing scheme

High Court rejects judicial review of Lewisham's permission for a 502 bed student development at Scott House.

Westminster City Council v Gems House: Court of Appeal settles timing of mortgagee exclusion in affordable housing agreement

Court of Appeal rules mortgagee exemption in a section 106 agreement is fixed at the date the mortgage was created.

Prime Way Care v Southwark: TCC orders disclosure of rival bidders' scoring records in care procurement dispute

The Technology and Construction Court has ordered a London council to disclose evaluation records for five winning bidders in a disputed adult social care framework...

Tribunal upholds ICO decision in Cawthorne v Information Commissioner pothole webpage dispute

First-tier Tribunal finds Essex County Council's searches adequate despite appellant's claims of undisclosed correspondence.

Patents Court rejects MSD's bid for wider Mayne Pharma disclosure in Halozyme hyaluronidase dispute

Mr Justice Mellor confirms a cautious approach to privilege waiver over patent litigation experiments.

Upper Tribunal upholds HMRC's Kittel finding against Opus Labour Services director

Tribunal confirms the FTT need not apply an "only reasonable explanation" test in every constructive knowledge case.

Court of Appeal rejects builder's partnership claim in E J W Builders v Marshall dispute

Judges reaffirm the high bar for overturning factual findings despite disputed contemporaneous documents.