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England and Wales decisions
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Lish v The Northern Block Ltd & Anor [2026] EWCA Civ 497 (27 April 2026)
The Court of Appeal reinstated Mrs Lish’s unpaid royalties claim but upheld strike-out of a separate copyright infringement claim as an abuse of process.
Kounis v Critchlow and Associates Ltd [2026] EWHC 693 (KB) (25 March 2026)
High Court appeal on standing and assignment of a negligence claim. The court found no concluded agreement extending the assignment deadline and required joinder of Amtrust.
The High Court allowed an appeal on standing and assignment, holding no concluded extension was reached in May 2023 and ordering time to join Amtrust.
The particulars of claim were fundamentally deficient for failing to clearly plead the contractual basis of the claim, the relevance of pre- and post-contract conduct, and particulars of loss and damage. The claimant's refusal to amend or clarify, and intention to rely on inadmissible matters at trial, justified striking out the particulars of claim with a final opportunity to re-plead, failing which the claim would be struck out entirely.
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Advanced Multi-Technology for Medical Industry (t/a Hitex) & Ors v Uniserve Ltd [2025] EWCA Civ 1212 (02 October 2025)
The Court of Appeal allowed Uniserve’s appeal over a 2020 PPE supply contract, held Hitex could not claim damages for non-acceptance, and dismissed the commission appeal.
The contractual documents, specifically CCN 187 and Appendix 1, provide some support for the claimant’s construction that the CY20 Indexation Weightings should apply for subsequent years. There is no contractual basis for the defendant’s alternative constructions based on actual costs or averaging. The parties did not expressly agree to any other method, and the use of 'existing rates' in the contract supports the claimant’s position.
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Kyndryl UK Ltd v Jaguar Land Rover Ltd [2025] EWHC 1354 (TCC) (04 June 2025)
The High Court dismissed JLR’s Part 18 application for further information and unless orders, holding the requests were too wide and not proportionate.
Airwave Solutions Ltd v Secretary of State for the Home Department [2025] EWHC 1332 (Comm) (03 June 2025)
The High Court held that CY20 indexation weightings under the Airwave framework continue to apply after CY20, and rejected the Secretary of State’s alternatives.
The claim failed because no implied agreement to extend the SPA dates was established, no common understanding existed to found estoppel by convention, and detrimental reliance was insufficient to found estoppel by representation or promissory estoppel. Payments and assurances did not amount to contractual acknowledgment. The defendant was not estopped from denying liability for the additional purchase price under clause 3.1(a).
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Khera (t/a The Family Dental Practice) v National Health Service Commissioning Board [2025] EWHC 967 (KB) (17 April 2025)
The High Court dismissed an appeal over an NHS dental contract, holding the claim could not be litigated in court because no written variation removed NHS status.
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