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High Court orders disclosure of confidential SFO and client documents
In a recent decision, the High Court refused to allow defendant accountants and business advisers to withhold documents from inspection on the basis of …
Amended US Federal Rules of Civil Procedure narrow availability of civil discovery and sanctions
Important changes to the US Federal Rules of Civil Procedure (FRCP), which govern the conduct of civil proceedings in US federal district court, will …
Pre-contractual statements: When can they come back to bite you?
Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements …
Directors' duties owed to company not shareholders when seeking shareholder approval for transaction
In a recent decision in the Lloyds shareholder litigation, the High Court has struck out a number of aspects of the claims against the defendant …
Court of Appeal rejects illegality defence in claim against liquidator
The Court of Appeal has refused to allow a liquidator of a company that was the vehicle for a VAT fraud to rely on the defence of illegality in defending …
French Supreme Court upholds unilateral jurisdiction clause where the countries with jurisdiction could be objectively identified
In a recent decision, the French Supreme Court (Cour de Cassation) gave effect to a unilateral jurisdiction clause where it was possible to identify …
Commercial Court provides guidance on requirements for personal service of proceedings on an individual defendant
The Commercial Court has held that proceedings were validly served on a Russian businessman during a visit to London, even though he refused to accept …
CJEU rules directors who are employees must be sued in their EU domicile
In a recent decision, the Court of Justice of the EU held that directors who are also employees (within the meaning of EU case law) must be sued in the …
High Court confirms legal advice privilege can include lawyer's summary of facts
In a decision handed down earlier today, the High Court has upheld RBS's claim to privilege over certain documents which the bank had been ordered to …
Supreme Court rewrites English law rule on penalties
In a judgment handed down this morning, the Supreme Court has in effect re-written the rule on penalties, saying that the underlying rationale of the …
Contractual time bar did not prevent third party contribution claims
The High Court has held that a contractor could be joined to proceedings as a third party (or Part 20 defendant) so that the main defendants could pursue …
Court of Appeal upholds order deferring to exclusive jurisdiction clause in favour of Monaco courts, despite risk of inconsistent judgments
The Court of Appeal has upheld an order declining English jurisdiction over a claim against a Monaco-domiciled defendant where there was an exclusive …
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