Litigation Notes

The impact of Covid-19 on civil justice in England and Wales

High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud

The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations …

Court of Appeal refuses injunction against defendant's solicitors who received claimant's confidential information when acting for previous opponent

The Court of Appeal has upheld a decision refusing to grant an injunction to restrain a firm of solicitors acting for a defendant in circumstances where …

High Court applies common law, not statutory, test to application for permission to bring derivative claim on behalf of LLP

The High Court has ruled that where a member of an LLP seeks permission to bring a derivative claim on its behalf, it is the common law test (otherwise …

Calderbank offer without express time limit could be accepted after hearing had started

The High Court has held that a “without prejudice save as to costs”, or Calderbank, offer to settle detailed assessment proceedings, which did not …

COVID-19: Our new quick reference tool to help assess the availability of force majeure relief under English law

Corporate Insolvency and Governance Bill – major insolvency reforms proposed

The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill, which contains the most far-reaching reforms to UK insolvency law …

High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction

High Court refuses to set aside or vary disclosure order despite risk of foreign criminal or regulatory sanctions

The High Court has refused to set aside or vary an order for standard disclosure where a defendant bank maintained that production of documents would …

New COVID-19 podcast - Force majeure considerations in a potential second wave of COVID-19

In this latest episode of our Navigating COVID-19 podcast series, Sarah Pollock, Emma Schaafsma and Julie Farley consider the force …

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 …