Waiver of privilege in draft expert report

The High Court has held that a defendant waived privilege in its draft expert report, since it had deployed significant parts of the report in a witness statement served in defence of an application to strike out its counterclaim: ACD (Landscape Architects) Limited v Overall [2011] EWHC 3362 (TCC).  Read more

Two new Supreme Court justices appointed

The Supreme Court has today announced the appointment of two new justices, Lord Reed and Lord Justice Carnwath CVO. The two appointments follow the death of Lord Rodger in June 2011 and the forthcoming retirement of Lord Brown in April 2012. Read more

Claimant entitled to costs where Part 36 offer accepted pre-action

The Court of Appeal has confirmed that where a Part 36 offer is made and accepted pre-action, so that no proceedings are issued, the claimant is entitled to its costs under CPR 36.10: Solomon v Cromwell Group Plc [2011] EWCA Civ 1584. In so finding the court approved the decision of the Deputy High Court Judge (John … Read more

Guidance on use of live communications from court

On 14 December the Lord Chief Justice issued practice guidance on the use of live text-based forms of communication (including twitter) from court for the purposes of fair and accurate reporting. The guidance applies to proceedings which are open to the public and not subject to reporting restrictions, and follows a consultation on the subject earlier … Read more

Controlling the costs of disclosure: “menu” option approved

In a recent post we reported that the Civil Procedure Rule Committee was expected to approve a draft rule to implement Lord Justice Jackson’s proposal for a “menu” of disclosure options by the end of November. The rule has now been finalised and the full text has been published in Lord Justice Jackson’s lecture on “Controlling the costs of disclosure” (the seventh … Read more

Webinar alert – Fraud update

On Thursday 8 December (12:45 to 1:45 UK time) Robert Hunter, John Corrie, Lucy Hopkins, Ben Cameron and Will Turner  will present a live audio webinar to update listeners on recent developments in fraud and asset tracing litigation, including: Lying about creditworthiness: Section 6 of the Statute of Frauds Act: Roder UK Ltd. v Titan Marquees Ltd [2011] EWCA Civ 1126 Freezing … Read more

Rolls Building in action

London’s new business court, the Rolls Building, opened its doors in October, bringing under one roof the business related divisions of the High Court (the Admiralty and Commercial Court, the Technology and Construction Court and the Chancery Division).  The new court is hailed as the largest business court in the world.  It forms the centrepiece … Read more

Dispute resolution clauses – lessons to be learnt from recent case law

On 23 November Murray Rosen QC, Matthew Weiniger and Pamela Kiesselbach held a webinar on “Dispute resolution clauses – how to avoid pitfalls” which attracted a great amount of interest with almost 400 clients subscribing. For those clients who were unable to sign in on the day and would like to listen to a recording of the … Read more

No injunction against expert who received party’s privileged information

A recent High Court decision has re-emphasised the difficulty of challenging an opponent’s expert on grounds of the expert’s previous receipt of the applicant’s privileged and confidential information: A Lloyd’s Syndicate v X [2011] EWHC 2487 (Comm). The cases show that mere receipt of a party’s privileged information will not bar an expert from acting for an opponent … Read more