Litigation Notes

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

Previous expert's draft report did not have to be disclosed where court had already granted permission to rely on a different expert

Where a claimant had already been granted permission to call an expert, and it later came to light that the claimant had previously instructed a …

Upcoming webinar - Cross Border Litigation Update

On Wednesday 27 February 2019 (1.00 - 2.00pm GMT), Anna Pertoldi and Gary Milner-Moore will deliver the latest in our series of …