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Showing 84 out of 93 results
High Court finds witness should only be excluded from court with good reason
In a recent decision, the High Court has commented on the approach that should be adopted in exercising the court's discretion to exclude a witness from …
Court of Appeal decision means injunction to prevent breach may be more readily obtained where damages limited by contract
The Court of Appeal has held that an interim injunction should be granted to prevent the defendant's alleged breach, on the basis that damages would be …
Commercial Court "driven" to strike out claim despite view that such a sanction was unjust and disproportionate
The Commercial Court has, with obvious reluctance, struck out a claim on the basis that the claimant was 20 days late in serving particulars of …
Commercial Court seeks to discourage tactical use of Mitchell
In a recent decision the Commercial Court penalised the defendants in costs for seeking to rely on Mitchell to turn to their tactical advantage the …
Costs budgeting to be extended to cases below £10 million in all courts
The current exceptions to the mandatory costs budgeting regime are set to be replaced by an exception for claims of over £10 million across all …
Court of Appeal decision underlines need for clear evidence of dominant purpose in maintaining claim to litigation privilege
The Court of Appeal has upheld a decision rejecting a claim to litigation privilege for reports obtained by liquidators, as the liquidators had failed to …
Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance / knowing receipt
Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered, …
Court of Appeal confirms party that has renounced contract cannot rely on own unwillingness to perform to reduce damages payable
The Court of Appeal has confirmed that where a party to a contract has renounced its obligations, damages are to be assessed on the assumption that it …
Court can order pre-action disclosure in judicial review proceedings
The High Court has found that the court technically has power to order pre-action disclosure in judicial review proceedings, despite this power not being …
High Court finds proceedings can be served at English address registered by overseas director under Companies Act 2006
In what appears to be the first case interpreting section 1140 of the Companies Act 2006, a High Court Master has found that service on a director's …
Another High Court decision that party not in breach of "unless order" for disclosure due to defects in list
For the second time in recent months, the High Court has held that parties to litigation were not in breach of an “unless order” to give …
Court of Appeal decision recognises practical limitations on use of Part 36 offers where claim is exaggerated
The Court of Appeal has overturned an order that a party which exaggerated its claim should recover its costs on an indemnity basis because it had …
Showing 84 out of 93 results
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
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Knowledge Counsel, London
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