Litigation developments: England and Wales – Quarterly update

We have published our latest quarterly litigation update e-bulletin, covering developments over the past three months largely by reference to articles posted to our Litigation Notes blog. This edition covers developments relating to litigation funding, environmental litigation, contracts, jurisdiction, enforcement, foreign law, pre-action, ADR, without prejudice privilege, Part 36 and settlement. Click here to read the bulletin. Read more

Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider more flexible bespoke protocol for commercial cases

The Civil Justice Council (CJC) has issued a report recommending substantial changes to the regime of pre-action protocols (PAPs) which parties are expected to follow before civil proceedings are commenced in the English courts. Since 2020, a CJC working group has been undertaking a fundamental review of the role that PAPs play in the civil … Read more

Supreme Court clarifies when a stay of court proceedings will be granted in favour of arbitration under s.9 Arbitration Act 1996

A recent Supreme Court decision has clarified the English courts’ approach to determining whether a matter falls within the scope of an arbitration agreement for the purposes of deciding whether to grant a stay of court proceedings under section 9 of the Arbitration Act 1996: Republic of Mozambique v Privinvest Shipbuilding SAL [2023] UKSC 32. Section … Read more

Class Actions in England and Wales podcast series: Episode 8 – Employment

In this podcast, Andrew Taggart, Jenny Andrews, Sian McKinley and Maura McIntosh discuss the types of dispute that are most frequently brought as employment class actions, the procedures that apply, and the strategic challenges and issues that arise for those defending such claims. The presenters are all authors of Class Actions in England and Wales, a textbook … Read more

Exclusion clauses: High Court finds claim for “charges unlawfully avoided” fell within contractual exclusion for loss of anticipated profits

The High Court has granted summary judgment dismissing a claim for lost charges arising from an alleged breach of an exclusivity clause in a supply agreement. The court held that the claim was in reality a claim for lost profits and, as such, subject to an effective exclusion of liability for “anticipated profits”: EE Ltd … Read more

UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector

The UK government has announced that it is proceeding with plans to introduce compulsory mediation as a mandatory procedural step in all Small Claims in the County Court.  All parties in cases allocated to the Small Claims track (ie most claims valued below £10,000) will be required to attend a free mediation appointment with a … Read more