Litigation Notes

Class action reform in France: Necessary, but debatable

Proposals for a new, general regime for class actions in France were recently presented to the French National Assembly. If accepted, the new regime will …

Article published - Jurisdiction clauses and service out post-Brexit: a welcome rule change

Supreme Court applies Patel v Mirza to reject illegality defence to solicitors' negligence claim where claimant had engaged in mortgage fraud

The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a claim against her solicitors for negligently …

Court of Appeal gives guidance on proper approach to enhanced awards where claimant beats its own Part 36 offer to settle

The Court of Appeal has held that a claimant who beat its own Part 36 offers was entitled to the full range of enhanced awards under CPR 36.17, rather …

Lord Chief Justice's Report 2020: courts in strong position despite pandemic

Commercial Court finds buyer entitled to repayment of advance payment where delivery prevented by force majeure

Force majeure considerations in the “second wave” of Covid-19

When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were …

Court of Appeal finds one defendant cannot claim litigation privilege over text messages, despite accepting other defendants can do so

High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex

In the first decision to consider the so-called “reflective loss” principle since the Supreme Court’s judgment in Sevilleja v …

Update on FCA’s COVID-19 business interruption insurance test case

A “consequentials hearing” in the FCA’s COVID-19 test case (The Financial Conduct Authority v Arch and others [2020] EWHC 2448 (Comm)) took place on …

High Court refuses to admit late witness evidence, applying principles for applications for relief from sanctions

In a recent decision, the High Court held that an application to admit witness evidence which had been filed and served late should be treated like an …

High Court rejects claim to litigation privilege in advice from accountants on tax structure

In a recent decision, the High Court has held that advice from accountants on a proposed new tax structure was not prepared for the dominant purpose of …