Litigation Notes

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 …

Upcoming webinar - Privilege update: some old problems remain and some new ones emerge

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 …

Shareholder class actions - new webinar and "handy client guide"

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 …

Court of Appeal gives guidance on scope of fiduciary duty in "secret commissions" case

The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount …

High Court restrains claimants from using defendant's privileged material obtained from third parties in unknown circumstances

A recent High Court decision demonstrates that, whilst confidentiality is a prerequisite to a claim for privilege, information will not cease to be …

Inadequate explanation, no relief: A reminder of the potential tough consequences of failing to comply with a court order

The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs …

Supreme Court considers loss of chance in professional negligence claim

The Supreme Court has given a rare judgment on the court's approach to awarding damages for a "loss of a chance" in a professional negligence …

High Courts finds European Medicines Agency lease not frustrated by Brexit