Litigation Notes

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Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect

The High Court has interpreted a jurisdiction clause in an excess liability insurance policy as granting exclusive jurisdiction to the English courts, …

High Court gives guidance on new requirements for trial witness statements

A recent High Court judgment gives guidance on the new requirements under Practice Direction (PD) 57AC, which applies to trial witness statements signed …

Supreme Court confirms wide interpretation of "damage" for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

Court of Appeal finds court is not obliged to accept uncontroverted expert evidence

A party could not rely on a contractual term where it was both "onerous" and "buried" within standard terms that were incorporated by reference

The High Court has held that, while the claimant's standard terms were incorporated by reference into a signed contract, a term that required the …

High Court grants summary judgment in claim for rent accrued during periods of Covid closure, rejecting defences based on implied terms and "failure of basis"

The High Court has granted summary judgment to the landlord of commercial premises in a claim for arrears of rent and service charges due since the …

High Court finds defendant did not submit to the jurisdiction by applying for strike out at the same time as challenging jurisdiction

The High Court has rejected an argument that a defendant submitted to the jurisdiction by applying to strike out the claim against him at the same time …

Court of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6

High Court finds settlement agreement released unknown fraud claims despite absence of express words covering fraud

High Court draws adverse inferences from failure to call relevant witness, and finds default interest clause to be an unenforceable penalty

The High Court has rejected a claim for misrepresentation, finding that although a fraudulent misrepresentation had been made, it had not induced the …

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