Litigation Notes

Part 36 offer to accept 0.3% less than total amount claimed constituted genuine offer to settle

A claimant’s offer to accept a sum which was just 0.3% less than the amount of the total claim constituted “a genuine attempt to settle the proceedings” …

Defining your liability in advance: Liquidated damages, limitation and exclusion clauses

Default judgment set aside where claim served at closed offices during Covid-19 lockdown

The High Court has set aside default judgment obtained against a defendant Council where the claim form and particulars were posted to its offices …

High Court holds claim against anchor defendant must satisfy merits test if it is to be used to establish jurisdiction against co-defendants under recast Brussels Regulation

The High Court has held that the English court will only have jurisdiction against a co-defendant under article 8(1) of the recast Brussels Regulation …

Commercial litigation podcast series – Episode 3: General update

High Court rejects indemnity claim under SPA due to a failure to notify the claim “as soon as possible”

The High Court has found that a claimant could not pursue an indemnity claim under an SPA because it had not notified the defendants of its claim “as …

Our new publication: Covid-19 Contract Disputes Guide

High Court holds s.236(3) of the Insolvency Act 1986 does not have extra-territorial effect, except where the EU Insolvency Regulation applies

The High Court has held that s.236 of the Insolvency Act 1986 (“IA 1986”) does not have extra-territorial effect, so that the court is not generally …

High Court gives guidance on availability of summary judgment and frustration in contractual disputes

A recent High Court decision is a good example of the court’s willingness to deal with questions of contractual interpretation on a summary basis in an …

Russian courts to have exclusive jurisdiction over sanctioned persons

On 19 June 2020, a new Russian federal law will come into force which provides for the Russian state arbitrazh (commercial) courts to have exclusive …

High Court holds auditor must form its own view on client's claim to privilege when responding to its regulator’s notice to produce documents

The High Court has held that an auditor required to produce documents to its regulator, the Financial Reporting Council (“FRC”), must form …

High Court takes expansive view of when reference to legal advice may result in broader waiver