On 1 January 2014, four important legislative changes concerning the law of defamation will come into force including the Defamation Act 2013. Click here to read our defamation e-bulletin outlining the changes. Read more

The Court of Appeal has held that a defendant Chief Constable’s late service of witness statements meant that it could not rely on any witness evidence in defending the claimant’s allegations (which included false imprisonment, assault, malicious prosecution and race discrimination): Durrant v Chief Constable of Avon & Somerset Constabulary [2013] EWCA Civ 1624. In doing so the Court of … Read more

As we approach the end of 2013, it’s a chance to look back at the year that was and assess the changes it has brought. Below is our summary of key developments from a commercial litigator’s perspective. We hope you will find it useful, whether you’ve been following developments faithfully and just want a refresher, … Read more

A recent Court of Appeal decision has highlighted the rule against penalties, demonstrating that a penalty can include not only a requirement to pay a sum but also the loss of the right to a future payment and a requirement to transfer assets at an undervalue: Talal El Makdessi v Cavendish Square Holdings BV [2013] EWCA Civ … Read more

The Ministry of Justice (MoJ) has issued a consultation proposing substantial court fee increases. For certain types of proceedings, these include “enhanced” fees aimed at recovering more than the cost of running the services to which they relate. The key proposals include: Introducing percentage issue fees for money claims, calculated as 5% of the value of the claim subject to a cap of … Read more

The US Federal Judicial Conference’s Advisory Committee on Civil Rules (the “Advisory Committee”) has proposed a series of amendments to the US Federal Rules of Civil Procedure—the rules that govern the conduct of civil proceedings in the US federal district courts.  Among other issues, the amendments are intended to address and provide for proportionality in … Read more

The Court of Appeal has held that a claim for losses caused by an Italian cartel did not come within a jurisdiction clause giving non-exclusive jurisdiction to the English courts: Ryanair Ltd v Esso Italiana Srl [2013] EWCA 1450. The case was argued on the basis that the claimant had a claim in both contract … Read more

In its decision handed down this morning in the high-profile Mitchell case, the Court of Appeal has dismissed an appeal against tough sanctions imposed for a failure to file a costs budget in time: Andrew Mitchell MP v News Group Newspapers Limited [2013] EWCA Civ 1537. In doing so, the Court of Appeal has confirmed that … Read more