A litigator’s yearbook: 2019 (England and Wales)

As another eventful year comes to a close – and we wait for the results of the UK general election later this week which will of course have significant implications for English litigation insofar as it determines the question of when or whether the UK will leave the EU – we take this opportunity to … Read more

Commercial Court finds asymmetric jurisdiction clause is exclusive jurisdiction clause for purposes of recast Brussels Regulation

The Commercial Court has held that an asymmetric or unilateral jurisdiction clause is an exclusive jurisdiction clause within article 31(2) of the recast Brussels Regulation. The English court was therefore entitled to continue with its proceedings where it was the chosen court but proceedings had been commenced earlier in Germany: Etihad Airways PJSC v Prof … Read more

Witness evidence working group: proposals for improvement but no radical change

The witness evidence working group has today published its report on the use of factual witness evidence in trials before the Business and Property Courts. The group was set up in 2018 to consider how current practice could be improved in light of concerns among the judiciary and practitioners that witness statements were often ineffective … Read more

Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement

The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement agreement with one of five defendants. That was despite the fact that, at the time they were made, those communications had been protected by the without prejudice rule, and potentially also … Read more

Loss of profits awarded for breach of collateral warranty which induced claimant to arrange purchase of goods from defendant on hire purchase terms

In a recent decision, the High Court has upheld a claim for breach of collateral warranty where the claimant was induced to arrange the purchase of the defendant’s laser hair removal devices for use in its business as a result of the defendant’s statements about the quality and anticipated performance of the devices. The claimant … Read more

Upcoming webinar – Litigation update

On Wednesday 27 November (1-2pm UK time), Anna Pertoldi, Maura McIntosh and Jan O’Neill will deliver a webinar for Herbert Smith Freehills clients and contacts looking at developments in commercial litigation since our last update webinar, in April this year. The webinar will focus on lessons learned from decisions in areas such as privilege, without prejudice, disclosure, default judgments, … Read more