Court of Appeal finds clear breach of unless order for e-disclosure

The Court of Appeal has held that claimant liquidators were in breach of an “unless order” for e-disclosure, overturning the High Court’s decision that there was no breach despite the mistaken omission of certain important categories of documents from the list: Smailes v McNally [2014] EWCA Civ 1296. The result was that the liquidators’ claim was struck out. (Note: The case was … Read more

Court of Appeal decision underlines dangers of delay in filing notice of appeal

The Court of Appeal has confirmed that the courts will apply the same rigorous approach to a retrospective application to extend time for filing a notice of appeal as they do to an application for relief from sanctions: R (Dinjan Hysaj) v SoS for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson [2014] EWCA Civ 1633. The guidance set out in the … Read more

A litigator’s yearbook: 2014 (England and Wales)

As another year comes to an end, it is a good time to look back on 2014 and consider the changes it has brought. Below is our summary of some of the year’s key developments in the world of commercial litigation. We hope you will find it a useful reminder, and perhaps even pick up one … Read more

Court of Appeal explores ambit of the without prejudice rule

The Court of Appeal has recently held that certain correspondence marked “without prejudice” was admissible in evidence despite this label, because there was no dispute between the parties at the time of the correspondence and the parties had not agreed that the without prejudice rule should apply in any event: Avonwick Holdings Limited v Webinvest … Read more