Litigation Notes

High Court finds buyer not entitled to reject off-spec oil

A recent High Court decision has given a helpful analysis of the consequences that follow from delivering off-specification oil: Galtrade Limited v BP …

High Court finds clause in supplier's standard terms and conditions was unreasonable for purposes of Unfair Contract Terms Act 1977

In a recent decision, the High Court found that a supplier's standard terms and conditions had been incorporated by reference into the contract, but an …

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