The High Court has held that a “without prejudice save as to costs”, or Calderbank, offer to settle detailed assessment proceedings, which did not include a time limit for acceptance, could be accepted after the detailed assessment hearing had commenced: MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB). Where an offer to … Read more
As a result of the COVID-19 pandemic, many commercial parties have been reviewing their contractual arrangements to consider whether there are grounds for excusing non-performance or suspending or terminating their contracts. Against that background we have developed a new interactive tool which is designed to assist clients and contacts of the firm in evaluating the … Read more
The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill, which contains the most far-reaching reforms to UK insolvency law in over 30 years. The Bill has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies survive during a period of unprecedented interruption and turmoil. … Read more
The High Court has held that evidence of statements made in “without prejudice” settlement discussions should be admitted in support of an application for a freezing order. The respondents’ threat – to move assets and structure its affairs to frustrate the applicants’ enforcement of a US judgment – fell within the narrow “unambiguous impropriety” exception … Read more
The High Court has refused to set aside or vary an order for standard disclosure where a defendant bank maintained that production of documents would contravene foreign criminal law or regulations, with the result that the bank’s defence was struck out and it was debarred from defending the claims: Byers & Ors v Samba Financial … Read more
In this latest episode of our Navigating COVID-19 podcast series, Sarah Pollock, Emma Schaafsma and Julie Farley consider the force majeure implications of a potential second wave of COVID-19 infections and the resulting re-imposition or tightening of lockdown measures. Many contracting parties have already been affected by force majeure events arising out of the pandemic and the associated restrictions. … Read more
In a recent decision, the High Court found that the claimant’s reference to an expert’s preliminary report in the context of a security for costs application had not amounted to a collateral waiver of privilege, so the report itself did not have to be disclosed: Two Renewables Ltd v Reeves [2020] EWHC 789 (Ch). It … Read more
The COVID-19 pandemic has brought with it huge challenges for businesses. While the focus has been on keeping business going, rather than the prospect of litigation in the future over decisions taken now, it seems inevitable that litigation will follow such a major disruption of the global economy. Given that documents created now will be … Read more
The High Court has disallowed a substantial part of a successful defendant’s costs as a result of its failure to engage in mediation: Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm). This decision highlights that a refusal to participate in ADR may have serious consequences for parties … Read more
