Litigation Notes

Commercial litigation podcast series – Episode 8: General update

High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic

The High Court has found that, when exercising its discretion as to whether to designate a force majeure event under a plumbing franchise agreement due …

High Court considers doctrine of frustration in Covid context and confirms there is no such thing as "temporary frustration"

Witness immunity rule did not apply to examination conducted under s.236 of the Insolvency Act 1986

The High Court has held that an examination conducted pursuant to an order made under s.236 of the Insolvency Act 1986 ("IA") did not attract witness …

Court of Appeal finds recipient's prior knowledge should be taken into account when determining whether a claims notice contained "reasonable detail"

Part 26A restructuring plans – most significant change in 20 years

The court ruling yesterday in Re Virgin Active Holdings Limited [2021] EWHC 1246 has paved the way for restructuring plans under Part 26A to the …

High Court finds existence of Part 36 offer prevents it from making costs order following split trial

In a recent judgment following a split trial, the High Court held that it could not make a costs award until the outcome on quantum was known, because …

High Court decision highlights exceptional nature of Model E or "train of inquiry" disclosure and considers questions of "control" over server data

In a recent decision, the High Court has declined to order Model E disclosure under the disclosure pilot, and has also held that data and documents on a …

High Court confirms Damages-Based Agreements (DBAs) cannot be used by defendants

In a recent decision, the High Court has confirmed that a Damages-Based Agreement, or DBA, will not be enforceable if it purports to entitle the legal …

Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents

High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …

European Commission recommends that EU reject UK bid to join Lugano Convention