Litigation Notes

Court of Appeal rejects claim for success fee where contractual trigger for payment had not happened

Data protection rules in the context of litigation disclosure: some High Court guidance

Court of Appeal upholds decision that no duty owed to investors by barrister advising scheme promoter

The Court of Appeal handed down judgment on Friday in David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, unanimously dismissing the …

Expert witnesses: High Court grants permission for change of experts on condition of disclosure of certain documents prepared by the experts or recording their views

A recent decision illustrates how the court will exercise its discretion in considering whether to grant permission to substitute a new expert, and …

Flexible approach applied in granting preliminary injunction to prevent party harassing opponent's solicitors

In a recent decision, the High Court has upheld a decision granting a novel injunction which prohibited a defendant from abusing, harassing, assaulting …

Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege

Contractual clauses requiring ADR before litigation – what happens when they are breached?

The Court of Appeal recently delivered an important decision regarding the enforceability and effect of contractual dispute resolution provisions that …

The UK's Retained EU Law Bill - What do you need to know?

Employment Appeal Tribunal considers when privilege applies to communications via an agent and to documents evidencing legal advice

A recent Employment Appeal Tribunal decision contains an interesting discussion of some difficult issues relating to legal professional privilege: Moving …

High Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal's control

Part 36 offer to settle "the whole of the claim" did not include claims set out in draft amended pleadings

The UK will join the Singapore Convention – so what now?

The UK government announced last week that it will sign and ratify the Singapore Convention, which establishes a global framework for the direct …