Privilege: a reminder of the dangers of cherry picking

The Employment Appeal Tribunal (EAT) has held that an employer waived privilege in redacted parts of a draft dismissal letter setting out its lawyer’s comments, as a result of the employer’s decision to rely on other privileged material relating to the claimant’s dismissal: Kasongo v Humanscale UK Ltd [2019] UKEAT 0129_19_0909. It is well established … Read more

Court of Appeal finds entire agreement clause did not preclude terms of superseded contract being admissible to explain meaning of unconventional term

The Court of Appeal has held that the parties agreed a binding variation to incorporate additional services (Intermediate Minor Oral Surgery, or IMOS, services) into a standard form contract for the provision of dental services, so that an earlier contract for the provision of the IMOS services was superseded. That meant that the agreement for … Read more

46 countries sign the new Singapore Convention on mediated settlements

The Singapore Convention, more formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, was signed today in Singapore by 46 countries – a record number of first-day signatories for a UN trade convention. While not including the UK or any EU countries, the signatories do include the world’s two largest … Read more

Three separate class actions related appeals heading for the Supreme Court

In a sign of the extent to which class actions have become part of the mainstream of English litigation, the Supreme Court has recently given permission to appeal in three cases brought by or on behalf of large groups of claimants in three completely different contexts. Most recent is the MasterCard litigation, in which the … Read more

Supreme Court narrowly interprets exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions

The Supreme Court has held that the English courts did not have exclusive jurisdiction to hear certain claims brought by an English subsidiary company against Turkish domiciled defendants, including its parent company: Akcil v Koza Ltd [2019] UKSC 40. The judgment overturns the decision of the Court of Appeal and narrowly interprets article 24(2) of … Read more

High Court finds England proper forum to hear claim against further party where claimant had no real choice over where to sue anchor defendants

The High Court has held that England was the proper forum to determine a dispute against an additional defendant, so as to avoid multiple proceedings and the risk of irreconcilable judgments. The defendant was a necessary or proper party to the claims made against the anchor defendants and the claimant had no real choice where … Read more