Litigation Notes

High Court declines to apply so-called Arkin cap to restrict funder's liability for adverse costs

The High Court has found that a commercial funder was liable for all of the defendants' costs incurred in successfully defending a funded claim, from the …

Court of Appeal confirms second claim an abuse of process after first claim struck out for non-payment of security for costs

In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court's process, where the claim repeated an earlier …

Supreme Court emphasises importance of context in determining meaning in defamation cases

The Supreme Court has unanimously rejected the approach taken by a first instance judge in using dictionary definitions as the starting point for …

Court of Appeal reiterates limited scope for reference to pre-contractual material when interpreting contracts

High Court finds Protective Costs Orders are not available in private law litigation

The High Court has applied Court of Appeal authority to rule that Protective Costs Orders (PCOs) are not available to claimants in private law …

Court of Appeal upholds freezing order preventing party from making payments in the ordinary course of business

The Court of Appeal has dismissed an appeal against the removal of a so-called Angel Bell exception to a post-judgment freezing order, with the effect …

Court of Appeal decision suggests broad interpretation of Contracts (Rights of Third Parties) Act 1999

The Court of Appeal has held that a letter of instruction ("LOI") between a bank and its customer conferred a benefit on third party investors. The …

Employment Appeal Tribunal finds penalty rule did not apply where no breach relied on

The Employment Appeal Tribunal (EAT) has held that the rule against penalties did not apply where an employer imposed certain contractual provisions …

UK suspends accession to Hague Choice of Court Convention

On Friday last week (29 March 2019), the depositary for the 2005 Hague Convention on Choice of Court Agreements issued a notice communicating that the …

High Court provides guidance on relational contracts and implied duties of good faith

Government consults on introducing fixed recoverable costs for claims up to £100,000

On 28 March 2019, the government published a consultation seeking views on implementing the proposals in Lord Justice Jackson’s report on fixed …

Court of Appeal decision emphasises need to plead conspiracy claim in full 

In a recent decision, the Court of Appeal upheld the High Court's refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite …