Insights & Case Notes
Svella Connect v Virgin Media — Relational Contracts and Good Faith
Pepperall J gave summary judgment against a claimant which never identified the gap in the contract its implied duty of good faith was meant to fill. Necessity, not the “relational” label, is the touchstone; the Bates factors are a sense check only; and a carefully negotiated settlement agreement is inherently unlikely to be a relational contract. With six steps for pleading an implied duty of good faith. Judgment 26 August 2026; downloadable PDF.
Read the case note →Dubai Court of Cassation No. 240 of 2026 — Reinsurance Broker Loadings
A UAE-licensed reinsurance broker which loaded the London market's war-risk premium without its client's agreement was ordered to repay USD 17.87m. The UAE conduct rules are actionable in a civil claim, territory follows the broker's licence, and the "pass-through" defence fails. With the 2024 Brokers' Regulation, the DFSA's Ed Broking action and the English law comparison (Johnson v FirstRand). Judgment 16 June 2026; downloadable PDF.
Read the case note →Coal Pension Properties v Mace Living [2026] EWHC 1248 (TCC)
Successful jurisdiction challenge for the Mace defendants: invalid service of a claim form on the last day of its validity, refusal of retrospective validation under CPR 6.15, and a declaration that the Court had no jurisdiction to try the claim. Judgment 26 May 2026.
Read the case note →Willmott Dixon v Prater [2024] EWHC 1190 (TCC) — Building Liability Orders
Leading TCC guidance on Building Liability Orders under the Building Safety Act 2022 — the first case in which a Part 20 claimant obtained permission to pursue a BLO by way of contribution proceedings.
Read the case note →Shepherd Construction v Kingspan & Ors
A c.£70m multi-party fire safety and cladding claim, among the first to deploy the new cause of action against cladding manufacturers under s.149 of the Building Safety Act 2022. Featured in The Lawyer's Top 20 Cases of 2024.
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