Litigation Notes

Court of Appeal finds legal advice privilege is subject to a "dominant purpose" test

In a decision handed down earlier this week, the Court of Appeal has found that legal advice privilege (LAP) is subject to a "dominant purpose" test, ie …

Brexit under the Withdrawal Agreement: The implications for disputes

It now seems inevitable that the UK will leave the EU on 31 January 2020 at 11pm GMT under the terms of the Withdrawal Agreement concluded between the UK …

No collateral waiver where party relied on the effect of legal advice rather than its content

Court of Appeal overturns order permitting use of covert recordings to support claims in civil litigation before breach of confidence claim determined

A recent Court of Appeal decision illustrates the court's approach to the protection of confidential information, emphasising that the question of a …

HSF overview of collective damages claims in competition cases in the UK published in GCR Guide to Private Litigation

Our competition litigation team's overview of collective damages claims in competition cases in the UK has recently been published as part of Global …

Recent decision suggests sanctions should only rarely be implied into court rules and orders where not expressly stated

In a recent decision, the Chief Master found that an order requiring a defendant to make any application for strike out by a certain time did not contain …

Reference to CJEU as to whether EU-domiciled defendant has right to be sued in its state of domicile and to restrain non-EU proceedings by anti-suit injunction

The Court of Appeal has made a reference to the CJEU, asking for a preliminary ruling as to whether a defendant domiciled in an EU member state has the …

Court of Appeal confirms Part 36 offer cannot be made exclusive of interest

The Court of Appeal has confirmed that an offer which is made exclusive of interest cannot be a valid Part 36 offer: King v City of London Corporation …

High Court finds privilege not lost despite document being referred to in open court

High Court applies contractual cap on liability only after reducing damages for contributory negligence 

In a recent case, the High Court has clarified the correct approach to reducing damages in order to reflect a finding of contributory negligence where …

Court of Appeal grants award for unjust enrichment where contract did not set out full terms for payment

The Court of Appeal has granted an award for unjust enrichment where a claimant was contractually entitled to receive an introduction fee if a property …

Court of Appeal upholds strict interpretation of the "Duomatic" principle, which allows informal shareholder approval of company decisions

In a recent decision, the Court of Appeal reconfirmed that the Duomatic principle can only apply where all shareholders have approved the relevant act of …