Supreme Court decision confirms second attempt at relief from sanctions will be uphill battle

The Supreme Court has upheld the Court of Appeal’s decision overturning the grant of a second application for relief from sanctions for failure to comply with an unless order: Thevarajah v Riordan [2015] UKSC 78 (and see our blog post on the Court of Appeal’s decision). The second application for relief was, in substance, an application under CPR 3.1(7) to vary … Read more

Government rows back from plans to double cap on court issue fees

The government has today published its response to its recent consultation on further court fee increases. The good news for court users is that it has decided not to proceed with plans to increase the cap on fees to issue a money claim, which are currently calculated at 5% of claim value subject to a … Read more

Jackson reforms will apply to insolvency litigation from April 2016

The government has today announced that the insolvency exception to the Jackson reforms will come to an end in April next year. This means that CFA success fees and ATE insurance premiums will no longer be recoverable in proceedings brought by liquidators, administrators, trustees in bankruptcy, and companies in liquidation or administration. The change will bring insolvency proceedings into … Read more

A litigator’s yearbook: 2015 (England and Wales)

In this post we look back at some of the key developments of 2015 from the perspective of the commercial litigator, covering a range of topics including contract law, privilege, settlement, jurisdiction and various aspects of court procedure. We hope you will find something of interest, whether you just want a reminder of developments in a few areas, … Read more

Article published on jurisdiction rules applying to claims against directors

A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against directors who are also employees of a company. Andrew Taggart, Anna Pertoldi and Donny Surtani have published an article which considers when the special employment jurisdiction rules in the Brussels Regulation will apply to claims against directors: "Claims against directors under the Brussels Regulation". … Read more

Supreme Court clarifies test for implying terms into a contract

In a judgment handed down yesterday morning, the Supreme Court has clarified the law on when the court can imply a term that the parties have not expressly included in their contract, endorsing the traditional approach that the term either must be so obvious as to go without saying or must be necessary to give business … Read more

No litigation privilege where witnesses were deceived as to true purpose of meetings

The High Court has rejected a claimant's claim to assert litigation privilege over secret recordings of meetings with potential witnesses (who were former employees of the defendant), because the witnesses were deceived into believing that the meetings were to discuss business opportunities rather than evidence for litigation: Property Alliance Group v The Royal Bank of Scotland PLC [2015] EWHC 3341 … Read more