Litigation Notes

A Litigator's Yearbook and a broader Disputes Yearbook for 2024

Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"

Whether and how the recommendations are implemented will be a matter for the Civil Procedure Rules Committee.

Court of Appeal finds contractual cap had to be applied to each party's liability before set-off

High Court finds Secretary of State's affirmation in disqualification proceedings is not publicly available as a statement of case

Supreme Court confirms foreign trustee in bankruptcy cannot deal with English property due to the "immovables rule"

Litigation privilege: High Court takes realistic approach in finding privilege applied to witness interviews conducted by administrators

New Supreme Court Rules and Privy Council Rules from 2 December 2024

High Court had no jurisdiction over claims under contracts containing English jurisdiction clauses as the defendants were not parties to those contracts as undisclosed principals

Privy Council confirms shareholders can bring personal claims against company that allots shares for improper purpose

High Court finds companies can assert privilege against their shareholders

Commercial litigation podcast series – Episode 28: General update

High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months