Litigation Notes

UK suspends accession to Hague Choice of Court Convention

On Friday last week (29 March 2019), the depositary for the 2005 Hague Convention on Choice of Court Agreements issued a notice communicating that the …

High Court provides guidance on relational contracts and implied duties of good faith

Government consults on introducing fixed recoverable costs for claims up to £100,000

On 28 March 2019, the government published a consultation seeking views on implementing the proposals in Lord Justice Jackson’s report on fixed …

Court of Appeal decision emphasises need to plead conspiracy claim in full 

In a recent decision, the Court of Appeal upheld the High Court's refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite …

New decision tree on enforcement of English judgments in the EU27 post-Brexit

Amidst the ongoing uncertainties in relation to both the nature and timing of Brexit, we have published a new decision tree on enforcement of English …

Lessons on limitation – two recent decisions highlight traps for the unwary

Two recent decisions illustrate short but important points of practice in relation to limitation. In the first, the High Court found that the six year …

Court of Appeal upholds disclosure order despite risk of prosecution in Iran

Supreme Court clarifies test for setting aside judgment for fraud

High Court refuses permission for collateral use of disclosed documents and witness statements to respond to US grand jury subpoena

In a decision illustrating the court's strict approach to the rule prohibiting the use of disclosed documents and witness statements for a collateral …

Court of Appeal finds clause imposing liquidated damages for delay did not apply where work was never completed

In a recent decision, the Court of Appeal held that a clause providing for liquidated damages for delay did not apply where the contractor failed to …

Open Justice:  Rule changes to increase transparency in the civil courts

From 6 April 2019, a number of changes to the Civil Procedure Rules will come into effect with the intention of reinforcing the principle of open justice …

High Court considers application of much-criticised exception to without prejudice rule

The High Court has held that the content of "without prejudice" ("WP") communications between the parties to the proceedings was inadmissible, though the …