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On 31 December 2020, when the transition period provided for in the Withdrawal Agreement between the EU and the UK comes to an end, EU law will cease to apply in the UK. However, large parts of the law currently applicable in the UK which is derived from EU law or is directly effective EU … Read more
In a recent decision, the Court of Appeal has overturned a deputy judge’s decision that a binding settlement agreement had been reached in inter-solicitor correspondence despite the use of the “subject to contract” label: Joanne Properties Ltd v Moneything Capital Ltd [2020] EWCA Civ 1541. The decision illustrates that, once parties have started to negotiate … Read more
In this fifth episode of our series of commercial litigation update podcasts, we briefly outline the state of play for Brexit as it affects litigation in the English courts. We also look at some developments since our last update relating to the disclosure pilot, witness evidence reform and remote hearings, and finally we look at … Read more
The Court of Appeal has dismissed an appeal against a decision interpreting the provisions of a Farm-Out Agreement for the sale of an interest in two oil production licences: Apache North Sea Limited v (1) Euroil Exploration Limited & (2) Edison S.p.A [2020] EWCA Civ 1397. Herbert Smith Freehills LLP represented the successful defendants/respondents, Euroil Exploration Limited … Read more
The English High Court has struck out the claims of over 200,000 claimants against two companies in the BHP Group (domiciled in England and Australia respectively) arising out of the collapse of the Fundão Dam in Brazil in 2015. Mr Justice Turner struck out the claims as an abuse of process in light of concurrent … Read more
Proposals for a new, general regime for class actions in France were recently presented to the French National Assembly. If accepted, the new regime will replace the current, sector-based approach where class actions are governed by a variety of consumer, environment, public health and employment legislation. It will also expand substantially the list of organisations … Read more
The Civil Procedure Rule Committee has, in principle, agreed an amendment to the rules governing service out of the jurisdiction after the end of the Brexit transition period. The amendment will remove the need for the court’s permission to serve out where the claim falls within a choice of court agreement in favour of the … Read more
The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a claim against her solicitors for negligently failing to register the forms transferring the property to her and releasing a prior mortgage: Stoffel & Co v Grondona [2020] UKSC 42. The decision is of interest in … Read more
The Court of Appeal has held that a claimant who beat its own Part 36 offers was entitled to the full range of enhanced awards under CPR 36.17, rather than the less generous partial award ordered by the High Court: Telefonica UK Ltd v The Office of Communications [2020] EWCA Civ 1374. CPR 36.17(4) provides … Read more
