Litigation Notes

Privilege: a reminder of the dangers of cherry picking

Court of Appeal finds entire agreement clause did not preclude terms of superseded contract being admissible to explain meaning of unconventional term

The Court of Appeal has held that the parties agreed a binding variation to incorporate additional services (Intermediate Minor Oral Surgery, or IMOS, …

46 countries sign the new Singapore Convention on mediated settlements

The Singapore Convention, more formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, was …

Court of Appeal clarifies test for rectifying terms of written contract for common mistake

The Court of Appeal has upheld a decision granting rectification of two deeds on the basis that they did not reflect the parties' subjective common …

Three separate class actions related appeals heading for the Supreme Court

In a sign of the extent to which class actions have become part of the mainstream of English litigation, the Supreme Court has recently given permission …

Supreme Court narrowly interprets exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions

The Supreme Court has held that the English courts did not have exclusive jurisdiction to hear certain claims brought by an English subsidiary company …

Supreme Court clarifies broad scope of court’s discretion to grant non-party access to court documents

High Court finds England proper forum to hear claim against further party where claimant had no real choice over where to sue anchor defendants

The High Court has held that England was the proper forum to determine a dispute against an additional defendant, so as to avoid multiple proceedings and …

New president and justices of the Supreme Court announced

It was announced yesterday that Lord Reed will succeed Lady Hale as President of the Supreme Court when she retires on 10 January 2020, having served as …

Launch of Asia Pacific Guide to Privilege 2019, including England and Wales chapter

Our Asia Pacific Guide to Privilege has recently been launched, including a new chapter on England and Wales and a question added to each of the other …

Court of Appeal confirms jurisdiction to restrain foreign arbitration even where England is not the natural forum for the dispute

The Court of Appeal has partly upheld the injunction granted by the Commercial Court restraining the pursuit of arbitration proceedings seated in …

Disclosure pilot: High Court clarifies test for varying disclosure orders and encourages use of disclosure guidance hearings