High Court decision illustrates danger of using “all” in a negative clause

In a recent decision, the High Court had to consider the proper construction of a term which entitled the parties to rescind "if all of the Conditions have not been discharged" by the longstop date: Dooba Developments Limited v McLagan Investments Limited [2016] EWHC 2944 (Ch).  Describing the question as finely balanced, the court held … Read more

Employers may owe duty of care to employees in conduct and settlement of claims

The Court of Appeal has ruled that a Police Commissioner, who was sued for vicarious liability for the actions of police officers, might arguably owe a duty of care to those officers in relation to the conduct of the litigation, not to sacrifice their interests and professional reputation without good reason and reasonable warning: James-Bowen v Commissioner of … Read more

Expert evidence – the need to engage

A recent High Court decision illustrates the need for parties to cooperate in the process of producing expert evidence, to ensure the reports are properly matched and avoid the problem of "ships passing in the night": UPL Europe v Agchemaccess Chemicals [2016] EWHC 2889 (Ch). In this case, the court ordered the parties to meet … Read more

A litigator’s yearbook: 2016 (England and Wales)

2016 has been an eventful year on any measure. While it may not be remembered principally for developments relating to commercial litigation, there has been a lot of activity on this front as well. In this post we look back at some of the key cases and other developments from the perspective of the commercial litigator, covering … Read more

Court of Appeal upholds summary judgment for breach of jurisdiction clauses

The Court of Appeal has rejected a jurisdiction challenge and upheld the grant of summary judgment in proceedings claiming damages for the commencement of Italian proceedings in breach of exclusive English jurisdiction clauses: Barclays Bank Plc v Ente Nazionale di Previdenza ed Assistenza Dei Medici e Degli Odontoiatri [2016] EWCA 1261. A contracting party does … Read more