Litigation Notes

Commercial litigation podcast series – Episode 9: General update

High Court refuses to validate defective service where claim form sent to wrong email address

The High Court has held that there was no good reason to validate service retrospectively, or extend time for service, where the claimant's solicitors …

Proposal for EU to join 2019 Hague Judgments Convention

Civil Justice Council recommends court-compelled ADR

In a report published earlier this week, Compulsory ADR, the Civil Justice Council (CJC) has recommended a greater use of compulsory ADR within the …

Court of Appeal confirms one joint privilege holder could not prevent disclosure of privileged material to assignee of other joint client

High Court provides helpful guidance on interpretation of time-bar clause

A recent decision in the High Court has given useful guidance on the interpretation of a contractual time-bar clause: Arab Lawyers Networks Company v …

New regime for trial witness statements does not change law on admissibility

Court orders party to disclose documentation generated at pre-action stage as condition of granting permission for change of expert

A recent High Court decision shows that the court may order a party to disclose documents as a condition of granting permission to rely on an alternative …

Court of Appeal decision highlights dangers of choosing non-exclusive jurisdiction clause in favour of an EU court

British Airways data class action settles

European Commission notice to Lugano Depositary states EU not in a position to consent to UK accession

The European Commission has presented a "note verbale" to the Swiss Federal Council as Depositary of the Lugano Convention regarding the UK's application …

Court of Appeal confirms litigation privilege available even if third party misled as to purpose of information request

The Court of Appeal has upheld a decision that a pre-action letter sent by the claimant to a third party, and the third party’s response, were subject to …