Litigation Notes

Asymmetric jurisdiction clauses: when will they be effective?

High Court grants banks' request to revoke final anti-suit injunctions in their favour but refuses to revoke declarations on jurisdiction

High Court grants permission to rely on inadvertently disclosed privileged documents where the mistake was not obvious

Court of Appeal decision shows possibility of parallel proceedings inherent in asymmetric jurisdiction clauses

Court of Appeal finds issuance of non-conformance report was a condition precedent to obtaining delay payment under IT contract

Supreme Court confirms the types of defendant who can be liable for fraudulent trading

Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty

The decision confirms that a "but for" causation analysis based on a hypothetical counterfactual is not relevant in determining the scope of an account …

High Court declines to extend time for defendant to challenge court's jurisdiction, despite claim form having been served out of time

Without prejudice privilege rejected for survey reports commissioned unilaterally to assist with prospective negotiations

High Court decision underlines that the English court may refuse to enforce a foreign judgment even if the relevant foreign rules on jurisdiction and service were complied with

High Court finds parties not bound by expert determination which contained manifest errors

Commercial Court Report for 2023-2024 highlights another year of significant activity