Litigation Notes

High Court draws adverse inferences from failure to call relevant witness, and finds default interest clause to be an unenforceable penalty

The High Court has rejected a claim for misrepresentation, finding that although a fraudulent misrepresentation had been made, it had not induced the …

Herbert Smith Freehills signs Greener Litigation Pledge

High Court confirms need for clear indication if shifting from "without prejudice" to "open" communications

The High Court has held that the protection attached to a chain of emails marked "without prejudice" extended to a subsequent email even though it was …

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High Court finds acceleration clause is susceptible to rule on penalties, but declines to apply the rule as the amounts in question were payable in any event under a separate clause

Government to introduce fixed recoverable costs for claims up to £100,000

On 6 September 2021, the government published its response to the 2019 consultation paper, Extending Fixed Recoverable Costs in Civil Cases: Implementing …

High Court refuses to stay proceedings against English domiciled defendant in light of pending Ukrainian insolvency proceedings

The High Court has rejected a challenge to its jurisdiction brought by a defendant who was found to be domiciled in England, and who was also a party to …

High Court orders disclosure of lawyer's attendance note alluded to in claimant's witness statement

High Court considers whether "Issues for Disclosure" under the Disclosure Pilot must be issues pleaded in the parties' statements of case

In a recent decision the Technology and Construction Court has held that, in most cases, the Issues for Disclosure under Practice Direction 51U (the …

First Collective Proceedings Order granted by the Competition Appeal Tribunal, in Merricks v MasterCard case

On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s …

Court of Appeal decision suggests a Part 36 offer can leave more to be resolved than a contractual offer

High Court finds accepted Part 36 Offer was superseded by subsequent settlement agreement 

The High Court has held that a settlement agreement was a binding agreement which superseded a previously accepted Part 36 Offer. The settlement …