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In a recent decision, the High Court has found that a pre-action letter sent by the claimant to a third party, and the third party’s response, were subject to litigation privilege, overturning the decision of the Master who had found that privilege did not apply. The court was satisfied that the true purpose of the … Read more
There is no hiding from the fact that technology is changing the landscape of dispute resolution. Our latest podcast series “Revolution or evolution?” explores where, how and why this is happening. The first episode “Fences and ambulances”, which is in three parts and can be accessed here, talks about IT contracts and key themes encountered … Read more
The Supreme Court has unanimously held that where a cause of action accrues at midnight (a “midnight deadline case”) the following day will count towards the calculation of the limitation period for commencing proceedings: Matthew v Sedman [2021] UKSC 19. The judgment provides an important clarification for parties calculating limitation periods in cases where accrual … Read more
The most controversial feature of the new regime for trial witness statements in the Business and Property Courts, at Practice Direction 57AC and its Appendix, is the requirement for the statement to list all documents the witness has referred to, or been referred to, for the purpose of providing the evidence set out in the … Read more
The Court of Appeal has held that accessories who were jointly and severally liable with a principal as joint tortfeasors were liable to account only for the profits which they themselves had made from the wrongful acts, and not those profits made by the principal: Equities CV v Ahmed [2021] EWCA Civ 675. This gives … Read more
In a recent judgment, the High Court held that it would be unjust to award a claimant the beneficial costs consequences under CPR Part 36, because the claimant had introduced new evidence at a late stage in the proceedings which had made a significant difference to the value of the claim: Head (Executrix of the … Read more
In this eighth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties … Read more
The High Court has found that, when exercising its discretion as to whether to designate a force majeure event under a plumbing franchise agreement due to the Covid-19 pandemic, the franchisor was in breach of duty in failing to consider the franchisee’s need to self-isolate: Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett [2021] … Read more
A High Court Master has granted summary judgments to the landlords of commercial premises in their claims for payment of rent due since the outbreak of the Covid-19 pandemic and imposition of consequent restrictions in March 2020: Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2021] EWHC 1013 (QB). Among other arguments raised … Read more
