Litigation Notes

High Court finds privilege not waived in expert report referred to in context of security for costs application

In a recent decision, the High Court found that the claimant's reference to an expert's preliminary report in the context of a security for costs …

High Court disallows substantial proportion of successful defendant’s costs due to unreasonable refusal to mediate

The High Court has disallowed a substantial part of a successful defendant’s costs as a result of its failure to engage in mediation: Wales (t/a …

Article published - Directors' duties in a COVID-19 world

With a global pandemic causing unprecedented uncertainty for businesses, it has never been more difficult for the directors of UK companies fully to …

High Court finds claim for lost profits arising from damage caused by London riots not prevented by force majeure or exclusion for indirect or consequential loss

Commercial Court interprets indemnity clause in SPA to exclude damage which occurred pre-execution

The Commercial Court recently dismissed a claim to recover the cost of repairs to two offshore transmission cables linking the Gwynt Y Môr offshore wind …

Unjust enrichment: High Court finds claimant entitled to restitution of the value of services provided in anticipation of a contract

The High Court has held that a supplier of soft toys was entitled to restitution of the value of the services it had provided to a toy designer, in …

Public procurement podcast series launched

We have launched a new podcast series in which our procurement law experts discuss hot topics and live issues in the field of public procurement. These …

Low oil price - high disputes risk: The scope for disputes in a world of low oil prices

Oil prices have collapsed since the start of the year, driven down by concerns around oversupply, compounded by the collapse in demand caused by COVID-19 …

Our new publication – COVID-19: Force majeure: A global perspective

High Court finds in favour of novel duty of care on employers (or quasi-employers) to protect against economic loss by providing an “ethically safe” work environment

In a recent decision, the High Court has awarded a former partner of Ernst & Young (EY) damages exceeding $11 million, broadly equating to past and …

Court of Appeal finds material breach of contract not remedied by indication of intention to perform services

The Court of Appeal has held that a consultant’s statement that he intended to perform his contractual obligations under a consultancy agreement did not …

Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR

The High Court has imposed indemnity costs in two recent cases as a result of a party’s unreasonable failure to engage in ADR: DSN v Blackpool Football …