Litigation Notes

Litigation developments: England and Wales – Quarterly update

Ministry of Justice consults on implementation of Singapore Convention on international mediated settlements

Views are sought on how the Singapore Convention could be implemented and operate in the UK.

High Court sets aside share transfer made by director in breach of fiduciary duty

Without prejudice privilege rejected for survey reports commissioned unilaterally to assist with prospective negotiations

High Court rejects without prejudice privilege for audit report produced for purpose of settlement negotiations

High Court orders evidence of settlement with other claimants to be excluded from trial

Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"

Whether and how the recommendations are implemented will be a matter for the Civil Procedure Rules Committee.

Without prejudice rule: High Court considers the estoppel exception

Without prejudice rule: High Court emphasises narrow scope of exceptions

Court of Appeal provides guidance as to when court may refuse to accept party's undertakings as part of settlement

The Court of Appeal has unanimously allowed an appeal against a judge's decision refusing to accept certain undertakings agreed between the parties to a …

Commercial litigation podcast series – Episode 20: General update

Part 36 offers to settle: very high claimant offer did not bring costs benefits as not a genuine attempt to settle