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New rules in relation to the disclosure of electronic documents in High Court proceedings
A new Practice Direction (PD) and Electronic Documents Questionnaire will apply to the disclosure of electronic documents in multi-track cases started in …
Conflicting jurisdiction clauses in complex financial transactions – further guidance from the Court of Appeal
The turmoil in economic markets has not surprisingly resulted in a number of court cases concerning complex financial transactions often with …
High Court revisits the jurisdictional scope of freezing injunctions against third parties
It has long been held that the English court has power to grant a freezing injunction against a third party (against whom no claim lay), provided that it …
Court of appeal rules on whether justice could be obtained in Ukraine courts
In Pacific International Sports Clubs Limited v Igor Surkis & Ors [2010] EWCA Civ 753 the Court of Appeal had to consider the circumstances in which …
European Court of Justice confirms that privilege does not apply to in-house lawyers under EU competition law
The European Court of Justice (ECJ) has today handed down judgment in the Akzo privilege case, confirming that legal professional privilege does not …
Endeavouring to understand endeavours obligations
"Reasonable endeavours", "best endeavours" and "all reasonable endeavours" undertakings are commonly found in all types of commercial contracts and are …
US Supreme Court restricts the extra-territorial application of US securities legislation
In a decision of great significance to non-US issuers and their shareholders, the US Supreme Court has clarified and restricted the extra-territorial …
Part 36 offers: make your intentions clear
In a judgment handed down on Friday 25 June, the Court of Appeal has held that an offer made under Part 36 of the Civil Procedure Rules (CPR) may remain …
The Review of the Brussels Regulation and the efficacy of jurisdiction and arbitration clauses
The Brussels Regulation (Council Regulation (EC) No 44/2001) sets out detailed rules on the jurisdiction of courts and the enforcement and recognition of …
European Commission to launch broad consultation on collective actions before progressing proposals for competition claims
Over the past few years the European Commission has taken steps toward the reform of collective redress procedures in two areas: (i) damages actions for …
Disclosure of confidential settlement agreements
The recent High Court judgments in the case of Cadogan Petroleum Plc and others v Mark Tolley and others [2010] EWHC 1107 and [2009] EWHC 3291 give a …
The limit of contractual damages addressed by the Commercial Court
The recent case of Sylvia Shipping Co Limited v Progress Bulk Carriers Limited [2010] EWHC 542 (Comm) provided the High Court with an opportunity to …
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