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The High Court has rejected efforts to rely on a public interest defence under section 4 of the Defamation Act 2013 in circumstances where the defendants failed to take proper steps to investigate seriously defamatory allegations prior to publication: Lachaux v Independent Print Ltd & Anor [2021] EWHC 1797 (QB). This long-running libel action is … Read more
The Supreme Court has overturned a Court of Appeal decision which held that a clause providing for liquidated damages for delay did not apply where the contractor had failed to complete the contracted work: Triple Point Technology, Inc. v PTT Public Company Ltd [2021] UKSC 29. The Supreme Court’s decision restores the orthodox interpretation of … Read more
The Disclosure Working Group has today published an Update on the operation of the Disclosure Pilot Scheme, which has been running in the Business and Property Courts since the beginning of 2019 under Practice Direction (PD) 51U. The update notes that the Disclosure Pilot has been extended to the end of 2022, as approved by … Read more
The High Court has held that the seller of certain companies could assert privilege against the buyer in respect of emails and documents in employees’ email accounts, despite the buyer having received wholesale access to those accounts as a result of the underlying transaction: ConocoPhillips Co v Chrysaor E&P Ltd [2021] 3 WLUK 524. The … Read more
A recent High Court decision has given a helpful analysis of the consequences that follow from delivering off-specification oil: Galtrade Limited v BP Oil International Limited [2021] EWHC 1796 (Comm). The underlying facts of the case come up quite often in practice, although reported decisions are less frequent. A seller delivered off-spec hydrocarbons (in this … Read more
In a recent decision, the High Court found that a supplier’s standard terms and conditions had been incorporated by reference into the contract, but an exclusion clause in those terms and conditions failed to satisfy the requirement of reasonableness under s.11 of the Unfair Contract Terms Act 1977 (“UCTA”): Phoenix Interior Design Ltd v Henley … Read more
In this ninth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to Brexit, and discuss some recent cases on factual witness and expert evidence. We also look at a recent Civil Justice Council report on compulsory ADR and finally we discuss an important Supreme Court decision … Read more
The High Court has held that there was no good reason to validate service retrospectively, or extend time for service, where the claimant’s solicitors had purported to serve the claim form by emailing an unsealed copy to the correct address but the sealed copy to incorrect addresses: R. (on the application of The Good Law … Read more
The European Commission has adopted a proposal for the EU to accede to the 2019 Hague Judgments Convention, an international treaty which is aimed at facilitating the mutual recognition and enforcement of judgments in civil and commercial matters. In order for the EU to join the Convention, the Commission’s proposal will have to be adopted … Read more
