Litigation Notes

Further guidance on new requirements for trial witness statements under Practice Direction 57AC

43rd FA Mann lecture taking place this evening (18 November): “International law before United Kingdom courts – a quiet revolution”

The 43rd of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London tonight (18 November). This …

High Court finds there is no power to order a party to use its "best endeavours" to obtain and disclose documents that are not within its control

The High Court has declined to order a defendant to use its "best endeavours" to obtain the data held on the mobile telephones of two of its …

Supreme Court finds claim for compensation under data protection legislation cannot proceed on "opt-out basis" in high profile Lloyd v Google case

Court of Appeal refuses extension of time to plead dates of damage in claims arising out of oil spill, meaning some 28,000 claims cannot proceed

Changes to Disclosure Pilot take effect today

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 …