A claimant’s offer to accept a sum which was just 0.3% less than the amount of the total claim constituted “a genuine attempt to settle the proceedings” under CPR Part 36 where there was no substantive defence to the claim: Rawbank S.A. v Travelex Banknotes Ltd [2020] EWHC 1619 (Ch). Where a claimant obtains a … Read more
Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed sum that is payable on breach, or set a maximum sum for any damages, or exclude liability (or particular categories of liability) altogether. Such clauses may not always have the effect the … Read more
The High Court has set aside default judgment obtained against a defendant Council where the claim form and particulars were posted to its offices shortly after the start of the Covid-19 lockdown: Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB). While the court in this case was satisfied that the defendant had … Read more
The High Court has held that the English court will only have jurisdiction against a co-defendant under article 8(1) of the recast Brussels Regulation where a merits test against the anchor defendant has been satisfied: Senior Taxi Aereo Executivo Ltda v Agusta Westland S.p.A [2020] EWHC 1348 (Comm). In doing so, it largely followed obiter … Read more
In this third episode of our series of commercial litigation update podcasts, we look at developments in disclosure and privilege since our February update, as well as some developments relating to costs and funding. This episode is hosted by Anna Pertoldi, who is joined by Maura McIntosh and Ajay Malhotra. Our podcast is available on … Read more
The High Court has found that a claimant could not pursue an indemnity claim under an SPA because it had not notified the defendants of its claim “as soon as possible”, as it was required to do under the contract: Towergate Financial Limited v Hopkinson [2020] EWHC 984 (Comm). The notification provision considered by the … Read more
The economic disruption caused by the Covid-19 pandemic inevitably exposes businesses to heightened legal risk. In particular, counterparties may seek to delay, avoid performance and/or terminate agreements. This may be either because Covid-19 has legitimately prevented them from performing their contractual obligations, or because they are seeking to use the pandemic as an excuse to … Read more
The High Court has held that s.236 of the Insolvency Act 1986 (“IA 1986”) does not have extra-territorial effect, so that the court is not generally permitted to make an order requiring a person outside the UK to produce books and papers and give an account of their dealings with an insolvent company: Re Akkurate … Read more
A recent High Court decision is a good example of the court’s willingness to deal with questions of contractual interpretation on a summary basis in an appropriate case, without the need for a full trial. However, it also highlights the difficulties that will be faced in successfully striking out a defence based on the common … Read more
