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We have published our latest quarterly litigation update e-bulletin, covering developments over the past three months largely by reference to articles posted to our Litigation Notes blog. This edition covers developments relating to litigation funding, environmental litigation, contracts, jurisdiction, enforcement, foreign law, pre-action, ADR, without prejudice privilege, Part 36 and settlement. Click here to read the bulletin. Read more
The High Court has held that inter-solicitor correspondence about the possibility of engaging in ADR was not properly to be regarded as “without prejudice” (or WP) despite being marked as such. The court could therefore have regard to it in considering the appropriate costs order following judgment for the claimant in a contested probate dispute: … Read more
The Civil Justice Council (CJC) has issued a report recommending substantial changes to the regime of pre-action protocols (PAPs) which parties are expected to follow before civil proceedings are commenced in the English courts. Since 2020, a CJC working group has been undertaking a fundamental review of the role that PAPs play in the civil … Read more
A recent Supreme Court decision has clarified the English courts’ approach to determining whether a matter falls within the scope of an arbitration agreement for the purposes of deciding whether to grant a stay of court proceedings under section 9 of the Arbitration Act 1996: Republic of Mozambique v Privinvest Shipbuilding SAL [2023] UKSC 32. Section … Read more
In this podcast, Andrew Taggart, Jenny Andrews, Sian McKinley and Maura McIntosh discuss the types of dispute that are most frequently brought as employment class actions, the procedures that apply, and the strategic challenges and issues that arise for those defending such claims. The presenters are all authors of Class Actions in England and Wales, a textbook … Read more
In a recent case, the High Court has had one of its first opportunities to consider BTI v Sequana [2022] UKSC 25 (see our previous update here), in which the Supreme Court gave important guidance on the existence and scope of the duty of company directors to have regard to the interests of creditors (the … Read more
The High Court has granted summary judgment dismissing a claim for lost charges arising from an alleged breach of an exclusivity clause in a supply agreement. The court held that the claim was in reality a claim for lost profits and, as such, subject to an effective exclusion of liability for “anticipated profits”: EE Ltd … Read more
The Court of Appeal has unanimously allowed an appeal against a judge’s decision refusing to accept certain undertakings agreed between the parties to a settlement agreement: Smith v Backhouse [2023] EWCA Civ 874. It confirmed that a court may decline to accept undertakings, even if they form part of a settlement agreement, but the circumstances … Read more
The UK government has announced that it is proceeding with plans to introduce compulsory mediation as a mandatory procedural step in all Small Claims in the County Court. All parties in cases allocated to the Small Claims track (ie most claims valued below £10,000) will be required to attend a free mediation appointment with a … Read more
