Rebecca Garrick

Mar 20, 2024 | lexology.com | Sue Millar |Rebecca Garrick

It is, to say the least, unusual for a £1,560 claim to reach the Supreme Court but it did so in Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6. The case raises a fundamental question in applying the tort of negligence, where economic loss arising from a contractual liability to pay a sum of money, results from physical damage to property.

Mar 20, 2024 | lexology.com | Adam Culy |Rebecca Garrick |Paul Hollands

In Miller v Irwin Mitchell LLP [2024] EWCA Civ 53, the Court of Appeal dismissed an appeal by a claimant who had suffered a serious injury while on holiday but lost her chance of recovering damages due to the tour operator's insolvency and late notification to its insurer.

Jan 17, 2024 | lexology.com | David Capps |Sean Jeffrey |Justin Mcclelland |Sue Millar |William Robertson |Alan Ward | +1 more

The Court of Appeal has allowed an appeal by Banca Intesa Sanpaolo SpA and Dexia Crediop SpA (the "Banks”) and dismissed a cross-appeal by the Comune di Venezia (“Venice”), upholding the validity of interest rate swaps entered into by Venice with the Banks and overturning the High Court decision that they were void because Venice lacked capacity to enter into them under Italian law.

Nov 17, 2023 | lexology.com | Sue Millar |Rebecca Garrick

IntroductionA recent Commercial Court decision has raised an intriguing question of private international law: can a foreign judgment be enforced in England and Wales if it is not enforceable in the country where it was given? The answer, according to the court in Invest Bank PSC v El-Husseini & Ors [2023] EWHC 2302 (Comm), is yes - at least under the common law. But this may not be the last word on the matter, as the court acknowledged the possibility of an appeal.