Litigation Notes

A no-deal Brexit: The implications for disputes

Article published - The new Singapore Convention: some practical issues to consider now

As has been well publicised, the new Singapore Convention seeks to establish a global enforcement regime for settlement agreements resulting …

Court of Appeal orders early neutral evaluation despite party objection

The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent …

High Court finds impliedly "without prejudice" correspondence admissible on questions of costs

In a recent decision, the High Court has distinguished between correspondence which is expressly stated to be "without prejudice" and that which is only …

Article published - GDPR in the context of litigation

Among the extensive discussion of the General Data Protection Regulation (GDPR) over the past two years, one area where there has been a marked lack of …

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Court of Appeal finds entire agreement clause did not preclude terms of superseded contract being admissible to explain meaning of unconventional term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