Litigation Notes

Force majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty's offer of non-contractual performance

High Court allows last-minute application for extension of time to comply with unless order

Court of Appeal clarifies when multiple claimants can bring claims using a single claim form

Proposed rule changes regarding the court’s power to compel ADR

The Civil Procedure Rule Committee (CPRC) is consulting on draft amendments to the Civil Procedure Rules regarding the court’s power …

Supreme Court upholds anti-suit injunction in support of foreign-seated arbitration

Earlier this week the Supreme Court announced its decision in Unicredit Bank GmbH v RusChemAlliance LLC, with the full judgment to follow. It dismissed …

Civil Justice Council establishes review of third party litigation funding

European Court of Human Rights finds first violation of Convention rights based on climate change

The European Court of Human Rights (ECtHR) has, for the first time, found a violation of rights under the European Convention on Human Rights in the …

High Court considers whether third party's documents are in party's practical control for disclosure purposes

Case management and disclosure implications of environmental group action being brought as "global claim"

Collateral waiver of privilege: High Court finds disclosure of chronology prepared by lawyer results in broader waiver

The High Court has held that a claimant's waiver of privilege over a chronology prepared by his lawyer resulted in a collateral waiver of privilege in an …

Representative actions under CPR 19.8: High Court to consider important questions relating to funding and damages for class members

High Court grants unfair prejudice petition on grounds of auditor's flawed valuation of claimant's shares in contractual exit process