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 having agreed a settlement. We also look at some of the very few English cases to date which consider frustration and force majeure in the context of the Covid-19 pandemic. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Gayatri Gogoi, an associate.
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Below you can find links to our blog posts on the developments and cases covered in this podcast:
- European Commission recommends that EU reject UK bid to join Lugano Convention
- Brexit: key practical implications for disputes and dispute resolution clauses
- Parent companies’ documents found to be in subsidiaries’ control for disclosure purposes
- Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents
- Court of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalid
- High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment
- High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit
- High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration”
- High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic
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The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.