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Consultation on extending costs management to Commercial Court and higher value claims in other business courts
The Civil Procedure Rule Committee has set up a sub-committee to advise on whether to retain the current exceptions to the mandatory costs …
"A treacherous short cut?": article published by Herbert Smith Freehills associate on the pitfalls of preliminary issues
The determination of issues at an early stage in litigation by way of a preliminary issues hearing is a common, and sometimes very effective, case …
Court of Appeal confirms high threshold for delay in performance to be repudiatory
The Court of Appeal recently held that a developer's delay in carrying out works did not amount to a repudiatory breach of an agreement for lease: …
Another High Court decision indicating strict approach to departures from costs budgets
A decision handed down last week further indicates the strict approach the courts are likely to apply where costs budgets are exceeded: Elvanite Full …
High Court makes "unless order" for disclosure citing increased emphasis on compliance
In a decision handed down last Friday, the High Court granted an extension of time to comply with a disclosure order but made an “unless order” that …
UK Supreme Court confirms power to issue anti-suit injunction even when no arbitration underway or proposed
The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in …
UK Supreme Court confirms corporate veil can be pierced in some circumstances
The Supreme Court has confirmed that a court can in very limited circumstances pierce the corporate veil. According to Lord Sumption, the principle …
Draft Consumer Rights Bill includes proposed new "opt-out" class action for competition claims
The government's draft Consumer Rights Bill, published today, includes proposals for a new collective action for competition claims, together with other …
High Court confirms unilateral jurisdiction clause is valid under English Law
The Commercial Court has confirmed that one-way or unilateral jurisdiction clauses (in which one party can bring proceedings in one jurisdiction only, …
European Commission Recommendation on common principles for collective actions in EU
The European Commission has today published its long-awaited proposals for the future of collective actions in the EU. The proposals take the form of a …
High Court finds no duty of good faith in exercising contractual right of termination
In a recent decision, the High Court held that a contractual right of termination did not have to be exercised in good faith. An express term of …
Court of Appeal comments on court's approach to costs management
In granting permission to appeal against a costs management order made under the pilot scheme in the Leeds Mercantile Court, the Court of …
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Alan Watts
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