In this eighth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties having agreed a settlement. We also look at some of the very few English cases to date which consider frustration and force majeure in the context of the Covid-19 pandemic. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Gayatri Gogoi, an associate.
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Below you can find links to our blog posts on the developments and cases covered in this podcast:
- European Commission recommends that EU reject UK bid to join Lugano Convention
- Brexit: key practical implications for disputes and dispute resolution clauses
- Parent companies’ documents found to be in subsidiaries’ control for disclosure purposes
- Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents
- Court of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalid
- High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment
- High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit
- High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration”
- High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic