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Part 36 offers to settle: some lessons from recent decisions
This post discusses practical points arising from four recent decisions relating to Part 36 offers - though of course each case will turn on its facts …
Commercial Court finds non-party not entitled to assert litigation privilege
The Commercial Court has held that a non-party who controlled litigation was not entitled to assert litigation privilege against the party it was …
High Court finds there is no power to stay in favour of prior proceedings in non-EU court where there is an English non-exclusive jurisdiction agreement
The High Court has held that where there was a non-exclusive jurisdiction clause in favour of an EU member state (England), and proceedings were …
Supreme Court decision makes it harder for directors to establish limitation defence where they have benefited from breach of fiduciary duty
For the purposes of limitation, directors of a company are treated as trustees, given that they owe fiduciary duties to the company. There is a six year …
Court of Appeal finds that factual information received by solicitor in course of acting for client was not privileged
In a recent decision, the Court of Appeal held that a solicitor could not object on grounds of privilege to giving evidence, where the questions related …
Supreme Court refuses to validate service retrospectively where there was no prior agreement to email service
In a recent decision, the Supreme Court declined to order that steps taken by the claimant to draw the claim form to the attention of the defendant by …
PAG v RBS: Court of Appeal dismisses swaps mis-selling and libor manipulation claims
In its first substantive decision on allegations of LIBOR manipulation and interest rate hedging product mis-selling, the Court of Appeal has dismissed …
Choice of law, jurisdiction and enforcement of judgments post-Brexit: No surprises in EU's draft withdrawal agreement
So far as choice of law, jurisdiction and enforcement of judgments are concerned, the EU's draft withdrawal agreement, published last week, is largely …
TCC decision illustrates need to consider impact of contractual amendments on liquidated damages clauses
In a recent decision, the Technology and Construction Court (TCC) held that a contractor under a sub-contract (which incorporated standard LOGIC …
Court of Appeal confirms English Court lacks jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad
The Court of Appeal has held that the English court does not have jurisdiction to hear claims against two companies in the Shell group (domiciled in the …
Drafting contracts: Key lessons from 2017
This annual contract law update from our corporate team considers a number of interesting contract law cases which have highlighted key points for …
High Court decision supports orthodox view of litigation privilege
The High Court has found that documents prepared by the defendant in the course of an investigation into allegations by HMRC were protected by litigation …
Showing 1,116 out of 1,955 results
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