Posts from Devonshires

Limitation and causes of action accruing at the stroke of midnight

The difference a day makes when it comes to limitation was brought into sharp focus with a recent case in the UK Supreme Court (UKSC). In the case of Matthew and others v Sedman and others, the court had to rule whether the day which commences at or immediately after the midnight deadline counts towards … Continue reading Limitation and causes of action accruing at the stroke of midnight

Last minute offers under Part 36 and the effect of trial adjournment

Part 36 rules can be a minefield for practitioners at the best of times, but a recent case has served to demonstrate the need for parties to keep their offers under review throughout proceedings. The Queen’s Bench Division recently handed down judgment in Reader v SPIE Ltd and another, a case concerning fiduciary duties on … Continue reading Last minute offers under Part 36 and the effect of trial adjournment

A lesson in contesting particulars of claim

The dangers of a contested application to amend particulars of claim were highlighted in the recent case of Ward v Associated Newspapers Ltd. This case offers a helpful reminder for practitioners to carefully consider the extent to which it is reasonable to spend time and resources on contested interlocutory applications.

Res judicata and abuse of process challenges involving third parties

In a recent judgment, the Solicitors Regulation Authority (SRA) failed to recover £354,000 from a solicitor in intervention costs in what is an important ruling when considering the use of res judicata and abuse of process. Mr Hugh Sims QC, sitting as a deputy High Court judge in The Law Society v Dua and another was … Continue reading Res judicata and abuse of process challenges involving third parties

Supreme Court weighs in on fraud tainted negligence claims

The defence of illegality has long been considered available to negligent practitioners where an underlying fraud has been committed by their clients, but the courts have shown they are no longer willing to let lawyers or their insurers use it as a get out of jail free card. In a unanimous judgment handed down by … Continue reading Supreme Court weighs in on fraud tainted negligence claims

Implications of recent developments in the FCA test case

Many of us are aware of the ongoing litigation in the Financial Conduct Authority‘s (FCA) business interruption (BI) insurance test case (FCA v Arch Insurance (UK) Ltd and others). But what are the next steps for this fundamentally important case for thousands of businesses across the UK, and what are the potential implications of the … Continue reading Implications of recent developments in the FCA test case

Service in the time of a pandemic: Stanley v London Borough of Tower Hamlets

The decision in Stanley v London Borough of Tower Hamlets arose out of circumstances at a very specific point in time that may not be exactly replicated. The claimant attempted to effect service on the defendant just two days after the national lockdown was announced. Businesses across the country had to adapt to an unprecedented … Continue reading Service in the time of a pandemic: Stanley v London Borough of Tower Hamlets