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Court of Appeal dismisses appeal against Tomlin order on ground of judicial pressure to settle
The Court of Appeal has considered the grounds on which a Tomlin order, a form of consent order commonly used to record agreed terms of …
Report recommends greater clarity on Parliamentary committee procedures and powers
Parliamentary committees have wide-ranging powers to compel the attendance of witnesses and the production of documents. These powers can, in theory, …
Court of Appeal finds company entitled to access e-mails sent or received on its behalf by former CEO
The Court of Appeal has held that a company was entitled to an order requiring its former Chief Executive Officer to provide access to the content of …
Australian decision confirms privilege for in-house lawyers admitted outside Australia
A recent decision of the Supreme Court of Queensland confirms that legal professional privilege applies to advice given by in-house lawyers who are …
Hearings will usually take place in public, even where there may be damage to reputation
The Court of Appeal has reaffirmed that in most cases the open justice principle will prevail and that potential damage to reputation will not be …
Privy Council finds tort of malicious prosecution available for civil claims
The Privy Council has held, by a majority, that a claim for malicious prosecution may be brought in respect of civil as well as criminal …
UK Supreme Court clarifies when retrospective alternative service out of the jurisdiction is permitted
The Supreme Court has considered when an order can be made retrospectively declaring that steps taken to bring a claim form to the attention of a …
Consultation on extending costs management to Commercial Court and higher value claims in other business courts
The Civil Procedure Rule Committee has set up a sub-committee to advise on whether to retain the current exceptions to the mandatory costs …
"A treacherous short cut?": article published by Herbert Smith Freehills associate on the pitfalls of preliminary issues
The determination of issues at an early stage in litigation by way of a preliminary issues hearing is a common, and sometimes very effective, case …
Court of Appeal confirms high threshold for delay in performance to be repudiatory
The Court of Appeal recently held that a developer's delay in carrying out works did not amount to a repudiatory breach of an agreement for lease: …
Another High Court decision indicating strict approach to departures from costs budgets
A decision handed down last week further indicates the strict approach the courts are likely to apply where costs budgets are exceeded: Elvanite Full …
High Court makes "unless order" for disclosure citing increased emphasis on compliance
In a decision handed down last Friday, the High Court granted an extension of time to comply with a disclosure order but made an “unless order” that …
Showing 60 out of 115 results
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