Litigation Notes

High Court rejects jurisdiction challenge on the basis that claim regarding contractual obligation to provide information did not derive from French insolvency proceedings

The High Court has ruled that a claim for a declaration regarding a borrower's obligations to provide information under a facility agreement was not …

Supreme Court clarifies requirements for tort of lawful act economic duress

Enforcement of court judgments in the UK, the EU and Turkey after Brexit & enforcement strategy

For many years, commercial parties across the globe, and particularly in Europe, have preferred to enforce their English law-governed agreements, and …

High Court finds common law "necessary or proper party" gateway for service out of the jurisdiction does not apply when the anchor defendant has voluntarily submitted to the court's jurisdiction

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

The High Court has granted an application by a claimant state for orders that the defendant bank disclose an accounting firm’s investigation report (and …

Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders

The Board of the Privy Council has allowed an appeal in relation to the application of the so-called “reflective loss” principle, confirming that the …

High Court provides guidance on the reasonable belief element of the public interest defence under Defamation Act 2013

The High Court has rejected efforts to rely on a public interest defence under section 4 of the Defamation Act 2013 in circumstances where the defendants …

Supreme Court restores orthodox approach to liquidated damages for delay where work never completed

The Supreme Court has overturned a Court of Appeal decision which held that a clause providing for liquidated damages for delay did not apply where the …

Disclosure Pilot to be extended for a further year and the procedures streamlined

Privilege not lost despite opponent having wholesale access to email accounts containing the privileged material

High Court finds buyer not entitled to reject off-spec oil

A recent High Court decision has given a helpful analysis of the consequences that follow from delivering off-specification oil: Galtrade Limited v BP …

High Court finds clause in supplier's standard terms and conditions was unreasonable for purposes of Unfair Contract Terms Act 1977

In a recent decision, the High Court found that a supplier's standard terms and conditions had been incorporated by reference into the contract, but an …