As we approach the deadline of 31 October, it is difficult to predict what will happen. But the prospect of a no-deal Brexit – either then or at some later date – remains a very real possibility. In this blog post we consider the implications of such an outcome for commercial litigation involving the English … Read more
A recent Court of Appeal decision has illustrated the strict operation of the common law rule against relying on evidence of pre-contractual negotiations to interpret contracts. The decision confirms that, while it is permissible for a court to take into account pre-contractual material for the limited purpose of understanding the genesis and commercial aim of … Read more
The High Court has delivered a strong message as to the need for litigants to appreciate the rules relating to collateral use of disclosed documents, under CPR 31.22: The Ecu Group Plc v HSBC Bank Plc [2018] EWHC 3045 (Comm). Some key points to note from the decision are: The restrictions on collateral use apply … Read more
A working group was set up earlier this year, led by Mr Justice Popplewell, to review the current rules and practice and make recommendations for potential reform of the procedures for factual witness evidence in the Business and Property Courts (the Chancery Division, Commercial Court and Technology and Construction Court). It has launched an online survey … Read more
The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018, which will mean that the EU Service Regulation (1393/2007) and Taking of Evidence Regulation (1206/2001) no longer apply to the UK when it leaves the EU. … Read more
Despite evidence that a defendant knew he was facing potential proceedings which could bankrupt him, at the time he transferred assets to his son, the Court of Appeal held that this was not sufficient to find that the transfer was made for the purpose of defrauding creditors. Consequently, the transfer could not be unwound under … Read more
In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company’s affairs can obtain relief simply on the basis that a respondent’s defence has been struck out: Re Bankside Hotels Ltd, Re Pedersen (Thameside) Ltd, Re G&G Properties Ltd [2018] EWHC 1035 (Ch). … Read more
The Court of Appeal has considered the proper approach to awarding damages for the loss of a chance where a claimant has been deprived of a claim in litigation because of its lawyers’ negligence. It held that when courts value a lost chance, they should only exceptionally take into account evidence that would not and … Read more
