Court of Appeal decisions Archives

August 1, 2022

Exclusion clauses – the consequences of getting it wrong!

A reminder to all that when the time comes the Courts will read exclusion clauses carefully and seek to give effect to the words used in the context in which they are used. We see many examples of exclusion clauses that are vague and ambiguous. That opens the way to... Read more >

March 15, 2021

The Privy Council provides a helpful reminder of the correct test for remoteness of damage

Attorney General of the Virgin Islands v Global Water Associates Ltd (British Virgin Islands) [2020] UKPC 18 Global Water Associates Ltd (“GWA”) entered into two contracts with the Government of the British Virgin Islands (the “Government”). Under the first contract... Read more >

March 11, 2021

UK Court of Appeal gives the green light to claim against ship owner over scrapping death

Begum v Maran (UK) Ltd [2021] EWCA Civ 326 In August 2020 we reported that the High Court refused to strike out a claim for negligence brought by the widow of a deceased shipbreaker against the former owners and managing agents of the vessel concerned. That decision... Read more >

December 18, 2019

Freezing injunctions – what is needed to show risk of dissipation?

A recent decision from the Court of Appeal (1) reminds us of the nature of the evidence required for the English Court to wield their most powerful weapon, namely to freeze the assets available to a potential defendant until such time as the litigation against them... Read more >

October 8, 2019

When does a document lose its privileged status?

According to a recent Court of Appeal decision, the answer is – until someone with appropriate authority waives privilege or statute provides for its disclosure. That is the case even if there is no-one in existence to waive privilege such that the document... Read more >