Litigation Notes

Material Adverse Effect clause not triggered by geotechnical event at mine between signing and completion

The without prejudice rule: High Court finds there is no separate "mediation privilege"

The decision also proposes modest expansions to two key exceptions to the without prejudice rule

Civil Justice Council publishes Interim Report and Consultation on Litigation Funding

Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to wait

Court of Appeal clarifies restrictions on adding new claims to existing claim form despite arguable limitation defence

Legal professional privilege: High Court finds no privilege in identity of third party that provided lawyers with document for purpose of litigation

Agreements to agree: High Court finds pricing mechanism subject to agreement rendered sale of goods contract partially unenforceable

European Law Institute publishes principles governing third party litigation funding

Privilege: Not an absolute right under the Freedom of Information Act

First-Tier Tribunal decision shows privilege is not ordinarily a basis for withholding information requested by the Information Commissioner as part of …

Security for costs: Claimant ordered to provide security despite ATE policy with anti-avoidance endorsement

Planned new provisions to encourage UK courts to depart from EU case law will no longer come into force on 1 October

Litigation developments: England and Wales – Quarterly update