Judgment call: 16 April 2012

In a case brought by the members of a reggae band against their former solicitors concerning the royalties due from a hit single, the court considered issues including to what extent an allegation of fraud had to be particularised in the pleadings post-CPR, and the test to be applied where the Limitation Act 1980 s.28 was engaged on the ground of mental incapacity.


Charles Priday
Charles Priday

Civil procedure (1) Dennis Seaton; (2) Michael Grant; (3) Kelvin Grant; (4) Frederick Waite Junior (aka Junior Waite); (by his litigation friend Brenda Dickens); (5) Brenda Dickens (as Personal Representative of the Estate of Patrick Wait (deceased)) v (1) Anthony Seddon; (2) Paul Woolf; (3) Anthony Cunningham; (4) David Irving; (5) Mohammed Yusef; (6) Lloyd Ferguson (formerly of the musical group called The Mighty Diamonds); (7) Fitzroy Simpson (formerly of the musical group called The Mighty Diamonds); (8) Sparta Florida Music Group Ltd; (9) Music Sales Ltd; (10) Universal/Island Music Ltd; (11) Rydim Music; (12) EMI Melodies Ltd; (13) G Minor Music; (14) Strictly Rockers Music (15) Eaton Music Ltd (2012) EWHC 735 (Ch). Chancery Division. Roth J.
23 March 2012

In a case brought by the members of a reggae band against their former solicitors concerning the royalties due from a hit single, the court considered issues including to what extent an allegation of fraud had to be particularised in the pleadings post-CPR, and the test to be applied where the Limitation Act 1980 s.28 was engaged on the ground of mental incapacity.
Judgment accordingly

For the claimant Seaton & Others
4 Stone Buildings’ John Brisby QC; 13 Old Square’s Tim Ludbrook and Michael Smith; Edwin Coe partner David Greene

For the defendants
(1) Anthony Seddon; (2) Paul Woolf; (3) Anthony Cunningham; (4) David Irving; (5) Mohammed Yusef
Wilberforce Chambers’ Joanna Smith QC; Clyde & Co legal director Samantha Oliver

Conflicts of law

(1) British American Tobacco Switzerland SA; (2) British American Tobacco (Supply Chain WE) Ltd; (3) BAT (YK and Export) v (1) Exel Europe Ltd; (2) H Essers Security Logistics BV; (3) Furtans BV; (4) H Essers Transport Company Nederland BV; and
(1) British American Tobacco Denmark AS; (2) House of Prince A/S; (3) BAT Pesci Dohanygyar Kft; (3) British American Tobacco (Supply Chain WE); (4) BAT (UK and Export) Ltd v Exel Europe Ltd; Kazemier Trandsport BV (2012) EWHC 694 (Comm). Commercial Court (QBD (Comm)). Cooke J.
23 March 2012

Service of claims against two defendants, who had subcontracted for the provision of the carriage of goods, was set aside as the court had no jurisdiction by reason of the provision of the Convention on the Contract for the International Carriage of Goods by Road 1956 (CMR) art.31(1).
Judgment for defendants

For the claimants British American Tobacco Switzerland SA & Ors
7KBW’s Charles Priday; Gateley partner Andrew Messent

For (2) and (4) 2011 Folio 1062 and (2) in 2011 folio 1122
Quadrant Chambers’ John Passmore; Holman Fenwick Willan partners Craig Neame and Justin Reynolds

Insurance

(1) Independent Insurance Company Ltd v Fleming and Anr; (2) Excess Insurance Company Ltd v Akzo Nobel UK Ltd; (3) Excess Insurance Company Ltd v Edwards; (4) Excess Insurance Company Ltd v Amec plc; (5) BAI (Run Off) Ltd (In Scheme of Arrangement) v Thomas Bates and Son Ltd; (6) Municipal Mutual Insurance Ltd v Zurich Insurance Company; (7) Municipal Mutual Insurance Company v Zurich Insurance Company and Ors; (8) Municipal Mutual Insurance Ltd v Zurich Insurance Company; Adur District Council & Ors (2012) UKSC 14. Supreme Court. 28 March 2012

In relation to mesothelioma compensation claims, employers’ liability insurance policies covering employers for disease contracted or injury sustained during the relevant insurance period covered cases where the disease was caused during the insurance period, not only
when the disease manifested itself. Further, for the purpose of those policies, the negligent exposure of an employee to asbestos could properly be described as having a sufficient causal link with subsequently arising mesothelioma for the policies to respond.
Judgment accordingly

For the appellant Independent Insurance Company
4 New Square’s Roger Stewart QC; South Square’s Stephen Robins; DLA Piper partner Leon Taylor

For the respondent Fleming & Anr
Devereux Chambers’ Colin Wynter QC; Deans Court Chambers’ Timothy Smith; John Pickering and Partners partner Carolann Hepworth

For the appellant Akzo Nobel UK Ltd
Blackstone Chambers’ Michael Beloff QC; Devereux Chambers’ Richard Harrison; Hill Hofstetter partner Jonathan Hofstetter

For the respondent Excess Insurance Company Ltd
Devereux Chambers’ Colin Edelman QC; Crown Office Row’s David Platt QC; Plexus Law partner Stephen Phillips

For the appellant Edwards
Devereux Chambers’ Colin Wynter QC; Devereux Chambers’ Andrew Burns; Thompsons partner Joanne Candlish

For the appellant Amec plc
Blackstone Chambers’ Michael Beloff QC; Devereux Chambers’ Richard Harrison; Berrymans Lace Mawer partner Henri Bermingham

For the respondent Excess Insurance Company Ltd
Devereux Chambers’ Colin Edelman QC; Crown Office Row’s David Platt QC; Plexus Law partner Stephen Phillips

For the appellant BAI (Run Off) Limited (In Scheme of Arrangement):
4 New Square’s Roger Stewart QC; South Square’s Stephen Robins; DLA Piper partner Leon Taylor

For the respondent Durham
Devereux Chambers’ Colin Wynter QC; Outer Temple’s Alison McCormick; Irwin Mitchell partner Helen Ashton

For the appellant Municipal Mutual Insurance Company
Two Temple Gardens’ Howard Palmer QC, Andrew Miller and Sonia Nolten; Watmores partner Jon Grunewald

For the first respondent Zurich Insurance Company and second respondent Ors
4 New Square’s Jeremy Stuart-Smith QC, Leigh-Ann Mulcahy QC and Clare Dixon; Buller Jeffries partner Derek Adamson; Blackstone Chambers’ Michael Beloff QC; Crown Office Chambers’ A John Williams; Kennedys partners Kieron West and Mark Burton

For the appellant Zurich Insurance Company and Adur District Council and Ors
Blackstone Chambers’ Michael Beloff QC; Crown Office Chambers’ A John Williams; Kennedys partners Kieron West and Mark Burton;Berrymans Lace Mawer partner Brian Goodwin

For the respondent Municipal Mutual Insurance Company
Two Temple Gardens’ Howard Palmer QC, Andrew Miller and Sonia Nolten; Watmores partner Jon Grunewald

For the intervener Department of Work & Pensions/DH Legal Services
5 Essex Court’s Jeremy Johnson QC, instructed by the Treasury Solicitor for the Department of Work & Pensions/DH Legal Services