Litigation Notes

Court of Appeal recognises "onerous clause doctrine" where terms are incorporated by reference

However, the decision suggests that a high threshold will be applied, particularly in a commercial context

Public access to court documents: Commercial Court pilot

Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made

Reliance on a representation can be based on an unconscious assumption, but there must be a causal link between the defendant's words/actions and the …

Court of Appeal overturns High Court’s interpretation of deferred consideration clause

Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right

High Court finds trustees in bankruptcy could seek to annul a bankruptcy order where it could not be given practical effect

High Court finds party has practical control over third parties' documents for disclosure purposes

HSF Kramer launches 4th edition of its Guide to Dispute Resolution in Africa

Disclosure Review Working Group seeks views on disclosure under PD 57AD

Court of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provision

Law Commission recommends new framework for contempt of court liability based on four forms of contempt

Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach