Following the first instance decision of Flaux J in this case in April, there had been considerable uncertainty regarding the extent to which a party could safely rely on a jurisdiction clause falling within the scope of Article 23(1) of the Judgments Regulation. The decision of the Court of Appeal (Deutsche Bank v Asia Pacific … Read more

In a recent judgment, the Court of Appeal has provided some useful guidance on how the courts might approach the enforceability of exclusion clauses: Regus (UK) Limited v Epcot Solutions Limited [2008] EWCA Civ 361. The exclusion clause in this case purported to exclude liability for various items of consequential loss, including loss of business … Read more

On 5 August 2008, the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, made 11 recommendations to the Lord Chancellor to expand the basis upon which collective actions can be brought. The recommendations fall well short of proposing US-style class actions, but would, if implemented, be … Read more

The judgment of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 considered the law on recoverable damages following a breach of contract. Although all members of the House were in agreement as to the outcome of the appeal on the facts, there were differences in the … Read more

In a recent decision, the High Court has stated that it has no jurisdiction to order disclosure of insurance cover under CPR 18: West London Pipeline and Storage Ltd & Another v Total UK Ltd & Others [2008] EWHC 1296. Read more

In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] [2008]EWHC 12 (TCC)) the High Court has reviewed and sanctioned an extension of the Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 (CA) criteria … Read more

The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v Meer Care & Desai (A Firm) and others [2007] EWHC 1540 (Ch).  Read more

Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and others [2007] EWHC 625 (Ch). Read more