In December 2025, the United States Court of Appeals for the Second Circuit held that two insurers had no obligation to indemnify an insured firearms retailer in third-party lawsuits alleging intentional marketing and sale of ghost gun kits. The court found that the lawsuits did not allege harm caused by an “accident” as required by
Atish Dullabh
An arbitrator cannot declare a procurement contract constitutionally invalid
By Donald Dinnie & Atish Dullabh on
In December 2025, the Supreme Court of Appeal held that an arbitrator has no power to declare a municipal construction agreement invalid for non-compliance with constitutional procurement requirements. Only a court may make such a finding under section 172 of the Constitution.
A property development company entered into a written agreement with a local municipality…
Business interruption cover under closed-list disease extension (UK)
By Donald Dinnie & Atish Dullabh on
In May 2025, the English High Court held that business interruption cover under an infectious diseases extension does not include Covid-19 where the policy defines “disease” as a closed list of specified illnesses not specifically including Covid-19.
The claimants owned and operated various commercial businesses comprising hotel accommodation, spa facilities and restaurants. The claimants (as…
No prior notice required for non-damages claim under Organs of State Act
By Atish Dullabh on
In October 2025, the Supreme Court of Appeal held that a claim against an organ of government for reimbursement under the legal principle of unauthorised administration by one person on behalf of another (negotiorum gestio) does not qualify as a “debt” under the Institution of Legal Proceedings against certain Organs of State Act…
Burden of Proof in Road Maintenance and Design Liability Cases
By Daniel Breier & Atish Dullabh on
In April 2025, the High Court found that local authorities can be held liable for failing to prevent hazardous road conditions, specifically water pooling on a municipal freeway.
The claimant suffered catastrophic injuries after losing control of his vehicle on a flooded municipal freeway late at night. The claimant suffered from amnesia and was unable…
Defamation in the Digital Age: Freedom of Speech has Limits
By Atish Dullabh on
In April 2025, the High Court granted a final order restraining the two former associates of the applicant, part of a major financial group, from publishing or distributing defamatory statements about the company and its employees on social media or elsewhere. The judgment highlights the interplay between freedom of expression and the right to dignity…