Litigation Notes

Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform

Court of Appeal considers application of "SAAMCO" principle in context of auditor's negligence case

The Court of Appeal has held that, where an auditor negligently failed to detect management's dishonest concealment of the claimant's insolvency, it was …

High Court rules claims notice invalid for failure to specify with sufficient detail the matter giving rise to the claim

The High Court has found that a buyer’s notice of claim failed to comply with the requirements set out in the tax covenant to an SPA in a USD 1 billion …

European Commission's Notice to Stakeholders confirms its view Hague Choice of Court Convention will apply to exclusive English jurisdiction clauses only if they are entered into after Brexit transition period ends

High Court finds proceedings properly served on process agent appointed by lender under credit agreement

In a recent decision, the High Court confirmed that proceedings had been properly served on a borrower where it had failed to comply with its contractual …

The Law of Solicitors' Liabilities, Fourth Edition published

The Law of Solicitors' Liabilities, Fourth Edition, previously known as Solicitors' Negligence and Liability, has recently been released. The …

High Court finds claims arising out of oil spill cannot proceed as representative action under CPR 19.6

In a recent decision, the High Court has struck out the representative element of a claim purportedly brought on behalf of large numbers of Nigerian …

Supreme Court clarifies proper approach to assessing weight of evidence where court finds serious possibility (but not probability) it was obtained by torture

Defendant awarded its costs where claimant failed to beat withdrawn Part 36 offer, as the offer should have been accepted when it was on the table

In circumstances where a claimant failed to beat a defendant’s Part 36 offer, the High Court has granted the defendant a favourable costs order, very …

Split trials, supplemental statements and the need for relief from sanctions

The judgment from the pre-trial review in the long-running Tesco Litigation (a securities class action) has illustrated the need for clarity as to the …

Court of Appeal gives wide interpretation to “damage” for the purposes of the common law jurisdictional gateway for tort claims

The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort …

New series of webcasts on the Corporate Insolvency and Governance Act 2020

The new Corporate Insolvency and Governance Act 2020, which came into effect on 26 June 2020, could have a significant impact on companies in distress …