It now seems inevitable that the UK will leave the EU on 31 January 2020 at 11pm GMT under the terms of the Withdrawal Agreement concluded between the UK and the EU on 19 October 2019. In this post, we consider the implications for commercial litigation involving the English courts, both during the transition period … Read more
The High Court has held that a claimant did not waive privilege where, in evidence filed in response to an application to strike out its claims under Dutch law, it stated that it had received Dutch law advice and had formulated its claims on the basis of that advice: KMG International NV v Chen [2019] … Read more
A recent Court of Appeal decision illustrates the court’s approach to the protection of confidential information, emphasising that the question of a party’s entitlement to use material obtained in breach of confidence must be determined before that party can rely on the material in support of separate claims, not at the same time or afterwards: … Read more
Our competition litigation team’s overview of collective damages claims in competition cases in the UK has recently been published as part of Global Competition Review’s new Guide to Private Litigation. The rest of the Guide is available for free to GCR subscribers here. The HSF chapter considers the current trends in collective or class actions and … Read more
In a recent decision, the Chief Master found that an order requiring a defendant to make any application for strike out by a certain time did not contain an implied sanction. Therefore, the defendant’s retrospective application for an extension of time did not fall to be decided under the strict regime which applies to applications … Read more
The Court of Appeal has made a reference to the CJEU, asking for a preliminary ruling as to whether a defendant domiciled in an EU member state has the right, under the recast Brussels Regulation, to be sued in that state and to obtain an anti-suit injunction restraining proceedings in a non-EU jurisdiction. It further … Read more
The Court of Appeal has confirmed that an offer which is made exclusive of interest cannot be a valid Part 36 offer: King v City of London Corporation [2019] EWCA Civ 2266. CPR 36.5(4) provides that a Part 36 offer to pay or accept a sum of money “will be treated as inclusive of all … Read more
The High Court has recently held that privilege was not lost in a solicitor’s note of a client interview in circumstances where the note had been disclosed to the SFO under a limited waiver and then referred to in the course of argument during a criminal trial held in public: SL Claimants v Tesco plc; … Read more
In a recent case, the High Court has clarified the correct approach to reducing damages in order to reflect a finding of contributory negligence where there is also a contractual cap on liability: Natixis SA v Marex Financial and Access World Logistics (Singapore) Pte Ltd [2019] EWHC 3163. The defendant argued that the court should … Read more
