Litigation Notes

Commercial litigation podcast series – Episode 12: General update

A counterclaiming defendant can make a valid "claimant's" Part 36 offer

In a recent decision, the High Court has confirmed that a party can obtain the costs benefits of making a "claimant's" Part 36 offer in relation to its …

Civil Justice Council consultation on changes to pre-action protocols - problematic aspects for commercial litigation

In November 2021, the Civil Justice Council (CJC) published an Interim Report considering what role pre-action protocols (PAPs) should play in the civil …

High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights

Webinar: Transnational torts and parent company liability

The English court has seen numerous mass tort claims brought by large groups of claimants against UK companies, often in the energy or extractive …

High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights

Iniquity exception to privilege does not apply just because defendant to fraud claim lies to their solicitors and the court

A recent High Court decision acts as a reminder that parties will not necessarily be prevented from maintaining privilege in all cases where it is found …

Another decision regarding a failure to comply with the new requirements for trial witness statements under PD 57AC

A recent High Court decision has taken a similar approach to previous cases in refusing to strike out a witness statement for failure to comply with …

Court of Appeal decision highlights dangers of filing claim form electronically on final day for service

High Court once again upholds award of third party funding costs in arbitration

The Commercial Court has refused a challenge to an arbitral award brought on the basis of the tribunal’s award of the costs of third party funding to the …

High Court finds defendant submitted to the jurisdiction by applying for extension of time to serve defence

The High Court has held that a defendant submitted to the jurisdiction of the English court by applying for an extension of time for service of a …

Court of Appeal confirms buyer entitled to repayment of advance where seller failed to deliver diesel due to force majeure