United Kingdom

Subscribe to United Kingdom via RSS

In Chalbury Mccouat International Ltd v. P.G. Foils Ltd [2010] EWHC 2050 (TCC) a dispute had arisen between Chalbury, an English company, and Foils, an Indian company, under a contract between Chalbury and Foils for the dismantling of a manufacturing plant in the Netherlands. The contract contained an arbitration clause which did not provide a procedure for the appointment of a tribunal. The parties failed to appoint a tribunal. …
Read More UK: Appointment of Arbitral Tribunal by English Court

Edwards Angell Palmer & Dodge is proud to provide its clients and friends with a comprehensive introductory guide to insurance and reinsurance regulations, claims, coverage, and transaction-related information and tips. This collection touches on both the US and UK laws and business practices and reflects the work of our attorney teams across practices and around the world. …
Read More EAPD Announces Publication of 2010 Insurance and Reinsurance Guide

The Court of Appeal has had to consider the application of Civil Procedure Rule (CPR) 19.5 in the case of Lockheed Martin Corporation v Willis Group Ltd [2010] EWCA Civ 927. Lockheed Martin entered into a global settlement agreement with London Market insurance companies in 2002. However, it was unable to claim all that was due to it under that agreement because many of the insurance policies in question had been lost and could not be identified. As a consequence, Lockheed Martin brought proceedings against its broker for professional negligence. …
Read More UK: Court of Appeal Rules on Substitution of a Party After Expiration of Limitation

In Axa Corporate Solutions SA v National Westminster Bank Plc & Marsh Ltd [2010] EWHC 1915 (Comm) Axa sought a declaration by the Court that a terrorism exclusion clause had been incorporated into its renewal of a public and products liability (PPL) policy with RBS, of which NatWest is a group company. …
Read More UK: English High Court Accepts Incorporation of Terrorism Exclusion Clause in PPL Policy

In Lehman Brothers International (Europe)(in administration) v CRC Credit Fund Limited & Ors [2010] EWCA Civ 917 the Court of Appeal considered the first instance judgment of Mr Justice Briggs on the operation of the Client Money Rules (CASS) in relation to the insolvency of Lehman Brothers International (Europe)(LBIE). We have previously reported on the judgment of Briggs J here and here. …
Read More UK: Court of Appeal Reverses Key Aspects of High Court Judgment on the Treatment of Client Money in the Lehman Insolvency

The Court of Appeal, in City & General (Holborn) Ltd v Royal Sun Alliance Plc [2010] EWCA Civ 911, was asked to consider whether the earlier decision to set aside an extension of time for service of a claim form (granted due to the claim being time-barred) was correct. The claim bought by City & General (C&G) was in respect of damage suffered to a building in London as a result of flooding which started in April 2002, the collapse of a crane on an adjoining site in January 2003, and the infestation of the building’s water systems by bacteria which was discovered in May 2004. …
Read More UK: Application for Extension of Time is Barred by the Court of Appeal

On 29 July 2010, the Competition Commission published for consultation its provisional decision on remedies in relation to retail payment protection insurance (PPI). Please click here to view the decision. This follows the Competition Commission’s reconsideration of its decision to impose a prohibition on selling PPI at the credit point of sale (the point of sale prohibition (POSP)) following remittal of certain issues by the Competition Appeal Tribunal. …
Read More UK: Competition Commission Consults on Changes to the Way Retail Payment Protection Insurance is Sold

In the matter of Royal & Sun Alliance Insurance Plc and others v Rolls-Royce Plc [2010] EWHC 1869 (Comm), which arose from parallel proceedings being pursued in England and Florida, the Court made clear that English proceedings will not be stayed in such instances unless it is shown that the foreign court is clearly the most appropriate forum. …
Read More UK: English High Court Refuses to Stay English Proceedings in Favour of the Florida Courts

We have previously reported here and here on the long-running saga following the demise of Equitable Life. The latest chapter is the Equitable Life (Payments) Bill which received its first reading in the House of Commons on 22 July 2010.  The Bill is intended to allow the Treasury to provide finance for payments to be made in cases where persons have been adversely affected by the Government’s maladministration in the regulation of Equitable Life Assurance Society (Equitable Life) in the period before 1 December 2001. …
Read More UK: Equitable Life (Payments) Bill Receives First Reading in House of Commons

The UK Ministry of Justice has announced that the Bribery Act will be implemented in April 2011, six months later than originally anticipated.  The Bribery Act will introduce a comprehensive scheme of bribery offences in the private and public sectors, including the offences of bribery of a foreign public official and, in relation to commercial organisations, failing to prevent bribery. …
Read More UK: Bribery Act 2010