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Supreme Court confirms new exception to the 'without prejudice' rule
In its judgment handed down on 27 October 2010 in Oceanbulk Trading & Shipping SA v TMT Asia [2010] UKSC 44, the Supreme Court added a new exception …
Security for costs: where claim and counterclaim raise same issues
A recent High Court judgment considers the principles that apply in security for costs applications where similar issues arise on both claim and …
Commercial Court refuses enhanced disclosure order
A recent judgment of the Commercial Court demonstrates the difficulty of obtaining a broad order for enhanced or "train of enquiry" disclosure, even …
Recent cases on difficult issues in the law of damages
The law of damages might at times seem the "poor cousin" of commercial litigation, with both litigants and courts focusing much more time and attention …
Court of Appeal reins in "loss of a chance" approach in commercial claims
In Law Debenture Trust Corporation PLC v Elektrim SA [2010] EWCA Civ 1142, the Court of Appeal has suggested that the courts should not be too ready to …
Legal advice privilege: only for lawyers
The Court of Appeal has today handed down judgment confirming that legal advice privilege does not apply to any professional other than a qualified …
Privilege after Akzo - a checklist for in-house lawyers
The European Court of Justice decision in Akzo confirms that, for the purposes of EU law, legal professional privilege does not apply to communications …
Jurisdictional test for pre-action disclosure considered by the High Court
Flaux J in Alan Kneale v Barclays Bank plc [2010] EWHC 1900 (Comm) has taken a robust approach to an application for pre-action disclosure of a credit …
New rules in relation to the disclosure of electronic documents in High Court proceedings
A new Practice Direction (PD) and Electronic Documents Questionnaire will apply to the disclosure of electronic documents in multi-track cases started in …
Conflicting jurisdiction clauses in complex financial transactions – further guidance from the Court of Appeal
The turmoil in economic markets has not surprisingly resulted in a number of court cases concerning complex financial transactions often with …
High Court revisits the jurisdictional scope of freezing injunctions against third parties
It has long been held that the English court has power to grant a freezing injunction against a third party (against whom no claim lay), provided that it …
Court of appeal rules on whether justice could be obtained in Ukraine courts
In Pacific International Sports Clubs Limited v Igor Surkis & Ors [2010] EWCA Civ 753 the Court of Appeal had to consider the circumstances in which …
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