Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply

In a recent decision, the High Court granted summary judgment in favour of a defendant on the basis that the claimant had no real prospect of establishing that its losses were not excluded under the terms of the relevant agreements: Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies PLC [2023] EWHC 2506 (TCC). The decision … Read more

Article published: The interplay between data protection rules and civil litigation procedure – some judicial guidance (finally)

It is now more than five years since the GDPR propelled the issue of data protection into the forefront of legal practitioners’ minds. Alongside assisting their clients to navigate the new regime, practitioners had to grapple with how it applied to legal practice – including the conduct of litigation, given that the GDPR’s demands seemed … Read more

Commercial litigation podcast series – Episode 18: General update

In this 18th episode of our series of commercial litigation update podcasts, we consider a significant recent decision on representative actions under CPR Part 19, cases on disclosure and judgments handed down under embargo, and a Supreme Court decision on unjust enrichment. This episode is hosted by Anna Pertoldi, a partner in our litigation team, … Read more

High Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal’s control

In a recent decision, the High Court has held that the documents of a claimant’s creditor were not in the claimant’s control for the purposes of disclosure. Although two employees of the creditor acted as the claimant’s agent in conducting the litigation, that did not mean that all the documents to which they had access … Read more

Article published – Massive overdisclosure: bucking the trend

A recent High Court decision has gone against the trend of more than two decades of disclosure reform, in which the aim has generally been to reduce the costs of disclosure by trying to limit the amount of documentation reviewed and disclosed. In contrast, in Genius Sports Technologies Ltd v Soft Construct (Malta) Ltd [2022] … Read more

Commercial litigation podcast series – Episode 17: General update

In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined … Read more