Litigation Notes

No privilege for original version of document simply because comparison to final version would reveal legal advice

Application for third party disclosure can be served abroad where the documents are within the jurisdiction

The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales, in …

Proposed regulation of litigation funding for proceedings in the EU

The European Parliament has published a proposed Directive to regulate commercial third party funding within the EU. The proposed Directive will not …

Commercial litigation podcast series – Episode 15: General update

Indemnity costs awarded against party who dismissed complaints about witness statement non-compliance as "nit-picking"

Navigating UK sanctions against Russian persons in English court proceedings

The UK is one of many countries which have introduced extensive sanctions against Russia, its individuals and entities in light of the military action in …

2019 Hague Judgments Convention comes into force in September 2023 but (for now) only between EU and Ukraine

High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance

New edition of Chancery Guide in force

A new edition of the Chancery Guide was published and came into force on 29 July, just before the start of the summer court recess. The first new edition …

Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and "failure of basis"

The Court of Appeal has dismissed appeals against the grant of summary judgment to commercial landlords for payment of accrued rent in two cases where …

Court of Appeal considers when director liable as accessory to a tort committed by a company

Disclosure Pilot Scheme to take effect as permanent new Practice Direction from 1 October 2022, with no substantial changes

The Disclosure Pilot Scheme, which has been operating in the Business and Property Courts since January 2019, is to be incorporated into the Civil …