Offer “open for 21 days” not a valid Part 36 offer

A recent High Court judgment has important practical implications for how offers are drafted under Part 36 of the Civil Procedure Rules (CPR) and for the possible costs consequences of offers previously made: C v D & D2 [2010] EWHC… Read more

Commercial Court refuses enhanced disclosure order

A recent judgment of the Commercial Court demonstrates the difficulty of obtaining a broad order for enhanced or "train of enquiry" disclosure, even where the case involves very large sums and there are allegations of dishonesty: Berezovsky v Abramovich [2010]… Read more

Recent cases on difficult issues in the law of damages

The law of damages might at times seem the "poor cousin" of commercial litigation, with both litigants and courts focusing much more time and attention on the principles relating to liability. However, two recent judgments show that the assessment of… Read more

Legal advice privilege: only for lawyers

The Court of Appeal has today handed down judgment confirming that legal advice privilege does not apply to any professional other than a qualified lawyer, i.e. a solicitor or barrister, or an appropriately qualified foreign lawyer: R (on the application… Read more

Privilege after Akzo – a checklist for in-house lawyers

The European Court of Justice decision in Akzo confirms that, for the purposes of EU law, legal professional privilege does not apply to communications between in-house lawyers and their clients (see post). The decision affects legal professional privilege only in… Read more

Endeavouring to understand endeavours obligations

"Reasonable endeavours", "best endeavours" and "all reasonable endeavours" undertakings are commonly found in all types of commercial contracts and are frequently subject to negotiation. However, despite their ubiquitous use, the actual meaning of these expressions, and the extent of the… Read more

Part 36 offers: make your intentions clear

In a judgment handed down on Friday 25 June, the Court of Appeal has held that an offer made under Part 36 of the Civil Procedure Rules (CPR) may remain open for acceptance even if it has previously been rejected… Read more

Disclosure of confidential settlement agreements

The recent High Court judgments in the case of Cadogan Petroleum Plc and others v Mark Tolley and others [2010] EWHC 1107 and [2009] EWHC 3291 give a good illustration of when a settlement agreement with one defendant will be… Read more

Privilege update

The recent case of Tchenguiz v Imerman [2009] EWHC 2902 gives guidance on when lawyers' annotations (in particular highlighting or underlining on documents) are protected by legal professional privilege. It is well settled that pre-existing documents do not become privileged… Read more