My recent joint article published by Construction Law, in which we examine case law surrounding the role of expert witnesses, which suggests a worrying trend towards a loosening of the established principles in terms of how experts should behave.
The Court of Appeal decision in Boyd and another v Ineos Upstream Ltd concerned whether the judge was correct to grant injunctions against persons unknown, secondly, whether the judge failed to consider section 12 (3) of the Human Rights Act 1998 (HRA 1998), and thirdly, whether the judge was right to grant an injunction restraining conspiracy to harm the claimants by the commission of unlawful acts against contractors engaged by the claimants. The appeal was successful in part and is of most interest in its analysis in respect of claims against persons unknown, permissible in this context. The case also confirms the importance of ensuring the terms of an injunction are clear and concise.
First published by LexisNexis on 8 April 2019