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Court of Appeal applies Supreme Court decision in Prest on piercing corporate veil in a criminal confiscation case
In Prest v Petrodel Resources Limited the Supreme Court considered the basis on which the corporate veil might be pierced (see post). The comments were …
High Court decision shows need to be clear whether settlement offer subject to contract
A recent High Court decision illustrates the importance of stating clearly that a settlement offer is intended to be subject to contract, where that is …
Court of Appeal finds undue pressure on witness to produce statement does not come within witness immunity rule
Witness evidence and witness statements have long been given immunity from civil proceedings. The rationale is twofold: firstly so that witnesses in …
High Court finds SFO not barred from giving disclosure of third party documents obtained under compulsory powers
The High Court has held that the Serious Fraud Office (SFO) was not prevented from giving disclosure as a defendant to civil proceedings of …
High Court grants relief from sanctions following errors in compliance with "unless order"
The High Court has granted a defendant relief from the sanction of striking out its defence following errors in compliance with an "unless order" to give …
Court of Appeal dismisses appeal against Tomlin order on ground of judicial pressure to settle
The Court of Appeal has considered the grounds on which a Tomlin order, a form of consent order commonly used to record agreed terms of …
Report recommends greater clarity on Parliamentary committee procedures and powers
Parliamentary committees have wide-ranging powers to compel the attendance of witnesses and the production of documents. These powers can, in theory, …
Court of Appeal finds company entitled to access e-mails sent or received on its behalf by former CEO
The Court of Appeal has held that a company was entitled to an order requiring its former Chief Executive Officer to provide access to the content of …
Australian decision confirms privilege for in-house lawyers admitted outside Australia
A recent decision of the Supreme Court of Queensland confirms that legal professional privilege applies to advice given by in-house lawyers who are …
Hearings will usually take place in public, even where there may be damage to reputation
The Court of Appeal has reaffirmed that in most cases the open justice principle will prevail and that potential damage to reputation will not be …
Privy Council finds tort of malicious prosecution available for civil claims
The Privy Council has held, by a majority, that a claim for malicious prosecution may be brought in respect of civil as well as criminal …
UK Supreme Court clarifies when retrospective alternative service out of the jurisdiction is permitted
The Supreme Court has considered when an order can be made retrospectively declaring that steps taken to bring a claim form to the attention of a …
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Alan Watts
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