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Article published on strict test for litigation privilege
To gain the protection of litigation privilege, a party must establish that when a document was created: (i) litigation was in reasonable prospect; and …
Court of Appeal considers when a person may be a de facto or shadow director
In a recent decision, the Court of Appeal upheld a finding that a director of a holding company had not become a de facto or shadow director of its …
Court of Appeal finds parent company had no duty of care to its subsidiary's employee
The Court of Appeal has reversed a first instance decision that a parent company had assumed a duty of care to an employee of its subsidiary company in …
Court of Appeal finds waiver where privileged document provided for inspection and mistake not obvious
The Court of Appeal has granted claimants permission to use privileged documents which had been disclosed inadvertently by the defendant (the SFO) …
High Court implies duty of good faith into "relational" contract
In a recent case, the High Court has implied a duty of good faith into a long-term agreement between two commercial parties: Bristol Groundschool Limited …
UK Supreme Court to consider whether recoverable success fees / ATE premiums breach Article 6 rights
In a judgment handed down last Wednesday, 23 July, the Supreme Court said it was open to the Court to reconsider whether a claimant's right to …
Article published considering rights and remedies for breach of pre-emption clause
Pre-emption clauses, as commonly found in shareholder, investment and joint venture agreements, are designed to prevent a shareholder selling his shares …
Court of Appeal upholds award of damages for breach of English jurisdiction agreement
The Court of Appeal has held that it did not infringe EU law to bring a claim for damages for breach of a settlement agreement, and the jurisdiction …
High Court restrains use of privileged documents disclosed by solicitor in breach of confidence
The High Court has held that a party retained the benefit of legal advice privilege in information provided to her solicitor which the …
Article published on recent clarification of Mitchell guidance on relief from sanctions
The Court of Appeal's decision in the high-profile Mitchell "plebgate" case last November introduced tough new guidance on the approach …
Supreme Court corrects "wrong turn" in English law, holding that bribes received by an agent are held on trust for the principal
Who is the rightful owner of a bribe? Is a bribe or secret commission received by an agent "held on trust" for his principal? Or is the principal's claim …
High Court considers relevance of Mitchell to late application to challenge jurisdiction
A deputy judge has held that deemed submission to the jurisdiction by failing to challenge jurisdiction on time is not a sanction, so no question of …
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