Litigation Notes

Article published - Funders’ liability for adverse costs: scrapping the cap

As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called …

High Court finds "control" for the purposes of disclosure includes third party documents that the litigating party can access under a standing consent short of an enforceable right

In a recent decision, the High Court found that the documents of two of the defendant's subsidiary companies were within its "control" for the purposes …

Master finds privilege does not apply to documents held in solicitors' client files due to the fraud exception

High Court orders security for costs against member of Association of Litigation Funders  

In a recent decision in the group litigation brought in respect of the Ingenious Media film partnerships, the High Court has granted the defendants’ …

Is coronavirus likely to be a valid basis for avoiding contractual obligations?

With the continuing rise in the number of cases of novel coronavirus worldwide, in addition to obvious implications of the outbreak for individuals, …

Article published - Legal advice privilege: a dominant purpose test, but to what end?

The Court of Appeal's recent decision in The Civil Aviation Authority v The Queen on the application of Jet2.com Ltd [2020] EWCA Civ 35 found that legal …

Proceedings time barred where claim form issued but not served during applicable foreign limitation period

Drafting contracts: Key lessons from 2019

This annual contract law update from our corporate team considers a number of interesting contract law cases from 2019 which highlighted key points …

Cross-Border Litigation: Latest update published

We are pleased to release the latest issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical issues …

Court of Appeal confirms funders' adverse costs liability not limited to amount of funding provided: Arkin "cap" not a binding rule

The Court of Appeal has today dismissed an appeal against a decision that a commercial funder of a failed claim was liable for all of the defendants' …

Court of Appeal decision highlights indemnity costs risk where claimant pursues speculative claims and unreasonably refuses Part 36 offer

In a recent judgment, overturning the High Court's decision, the Court of Appeal has ordered indemnity costs in favour of a successful defendant …

Chancellor of the High Court clarifies aspects of disclosure pilot at disclosure guidance hearing

The Chancellor has taken the opportunity to clarify aspects of the disclosure pilot which is currently underway in the Business and Property Courts under …