Litigation Notes

Court of Appeal finds claimants cannot be forced to pursue claims for environmental damage as "global claims"

High Court finds Secretary of State's affirmation in disqualification proceedings is not publicly available as a statement of case

Court of Appeal clarifies restrictions on adding new claims to existing claim form despite arguable limitation defence

Court of Appeal clarifies when a claim may be an abuse of process due to a failure to raise it with the court in earlier proceedings

Collateral use undertakings: High Court grants permission to disclose schedules to claim in response to foreign court order

Late amendments to statements of case: helpful guidance from the Court of Appeal

A recent Court of Appeal decision clarifies how the court should exercise its discretion in considering an application to amend that is brought late, but …

High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period

The High Court has struck out certain of the claims brought against G4S under section 90A Financial Services and Markets Act 2000 (FSMA), in a judgment …

Court of Appeal decision clarifies when new claims can be introduced after limitation has expired

The Court of Appeal has held that parties seeking to introduce a new claim after the expiry of the relevant limitation period cannot rely on previously …

Court of Appeal confirms defendants not obliged to make enquiries of third parties before pleading non-admissions

The Court of Appeal has rejected an argument that a defendant must make reasonable enquiries of third parties before pleading in its defence that it is …

Conflicting first instance decisions on whether default judgment can be granted where acknowledgement of service filed late

In a recent judgment, the High Court rejected an application for default judgment on the basis that the defendant's acknowledgement of service, though …

Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case

In a recent decision, the Court of Appeal has clarified the approach to be taken in determining whether the court should allow inspection of a document …

Commercial Court bypasses Mitchell in treating service of particulars as valid despite errors of procedure

In what may be seen as a surprising decision, the Commercial Court has treated service of particulars of claim on the defendant's lawyer by e-mail …