Litigation Notes

Supreme Court confirms that, where cause of action accrues at midnight, the following day is included for limitation purposes

Article published - Witness evidence and refreshing memory: virtue or vice?

The most controversial feature of the new regime for trial witness statements in the Business and Property Courts, at Practice Direction 57AC and its …

Court of Appeal confirms accessory liable to account only for own profits and not those made by principal

The Court of Appeal has held that accessories who were jointly and severally liable with a principal as joint tortfeasors were liable to account only for …

High Court finds it would be unjust to award claimant Part 36 costs consequences due to reliance on late evidence

In a recent judgment, the High Court held that it would be unjust to award a claimant the beneficial costs consequences under CPR Part 36, because the …

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 …