Brussels Regulation: The Commission proposes radical changes to rules on jurisdiction and enforcement of judgments

On Tuesday (14 December 2010) the Commission published its eagerly anticipated proposals relating to reforms to the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation). The proposals will (if adopted) bring about important changes in relation to The ease of enforcing judgments … Read more

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 2940 (Ch). Read more

Government consultation on Jackson reforms on civil litigation funding and costs

The Ministry of Justice yesterday published its consultation entitled “Proposals for Reform of Civil Litigation Funding and Costs in England and Wales – Implementation of Lord Justice Jackson’s recommendations”. As anticipated following the government’s announcement to Parliament this summer, the consultation seeks views on Lord Justice Jackson’s recommendations that: conditional fee agreement (CFA) success fees … Read more

Supreme Court confirms new exception to the ‘without prejudice’ rule

In its judgment handed down on 27 October 2010 in Oceanbulk Trading & Shipping SA v TMT Asia [2010] UKSC 44, the Supreme Court added a new exception to the ‘without prejudice’ rule. It held that facts communicated between parties in the course of ‘without prejudice’ negotiations should be admissible, if they would otherwise be … Read more

Security for costs: where claim and counterclaim raise same issues

A recent High Court judgment considers the principles that apply in security for costs applications where similar issues arise on both claim and counterclaim (Dumrul v Standard Chartered Bank [2010] EWHC 2625 (Comm)). Following this judgment, if a defendant seeks security for costs in circumstances where the same issues arise on both claim and counterclaim, … 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] EWHC 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 damages can give rise to issues that are every bit as interesting, and problematic, as … Read more