Litigation Notes

High Court allows last-minute application for extension of time to comply with unless order

Court of Appeal clarifies when a party in breach of a court rule or order must apply for relief from sanctions

Litigation funders not required to fortify cross-undertakings in dispute over enforceability of funding agreement

Data protection rules in the context of litigation disclosure: some High Court guidance

Flexible approach applied in granting preliminary injunction to prevent party harassing opponent's solicitors

In a recent decision, the High Court has upheld a decision granting a novel injunction which prohibited a defendant from abusing, harassing, assaulting …

Court of Appeal upholds strike-out of malicious falsehood claim as an abuse of process and because it disclosed no reasonably arguable claim for pecuniary loss

The Court of Appeal has upheld a decision to strike out a malicious falsehood claim on the grounds that the proceedings were abusive and disclosed no …

Commercial litigation podcast series – Episode 4: General update

Split trials, supplemental statements and the need for relief from sanctions

The judgment from the pre-trial review in the long-running Tesco Litigation (a securities class action) has illustrated the need for clarity as to the …

Court of Appeal confirms “warehousing” a claim will not necessarily constitute an abuse of process

The Court of Appeal has upheld a High Court decision that a claimant’s unilateral decision not to pursue a claim it had commenced for a substantial …

Recent decision suggests sanctions should only rarely be implied into court rules and orders where not expressly stated

In a recent decision, the Chief Master found that an order requiring a defendant to make any application for strike out by a certain time did not contain …

Obtaining evidence from US-connected entities - US court widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to …

Court of Appeal confirms second claim an abuse of process after first claim struck out for non-payment of security for costs

In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court's process, where the claim repeated an earlier …