Litigation Notes

High Court dismisses late application for disclosure of transcripts of audio files despite rejecting claim for litigation privilege

High Court rejects without prejudice privilege for audit report produced for purpose of settlement negotiations

High Court finds it had no power to order a former director of a corporate judgment debtor to be re-examined about the company's assets

A fresh order for examination couldn't be made as CPR 71.2 applies only to current officers who are within the jurisdiction, and the order sought was not …

High Court partially overturns order for defendant to provide disclosure in jurisdiction dispute

Court of Appeal finds clause excluding liability for "anticipated profits" captured claim for charges that would have been due under the contract

Litigation privilege: High Court finds privilege applies to valuation report prepared for potential company sale

Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice

High Court considers scope of Braganza-style limitation on lender's contractual discretion to permit disposal of secured assets

The decision shows that the effect and scope of an implied term qualifying a contractual discretion will depend on the nature of the discretion.

Supreme Court confirms broad interpretation of section 423 Insolvency Act 1986 relating to transactions defrauding creditors

High Court finds mere recognition of foreign insolvency under Cross-Border Insolvency Regulations 2006 not sufficient to disapply "immovables rule"

High Court orders evidence of settlement with other claimants to be excluded from trial

New claimant could not be substituted to breach of warranty claim where purported assignment ineffective