Litigation Notes

Jurisdiction clauses: High Court finds English courts have exclusive jurisdiction under bespoke ISDA clause

The decision illustrates the court's approach where there are questions as to the validity and interpretation of a jurisdiction clause.

Experts' joint statements: the consequences of parties interfering in the process

Proposed new rule would radically expand public access to court documents

Commercial litigation podcast series – Episode 22: General update

Supreme Court finds court must generally accept uncontroverted expert evidence

Expert witnesses: High Court grants permission for change of experts on condition of disclosure of certain documents prepared by the experts or recording their views

A recent decision illustrates how the court will exercise its discretion in considering whether to grant permission to substitute a new expert, and …

High Court declines to impose disclosure conditions on party wishing to replace expert as no "expert shopping" had taken place

Court of Appeal finds court is not obliged to accept uncontroverted expert evidence

Commercial litigation podcast series – Episode 9: General update

Court orders party to disclose documentation generated at pre-action stage as condition of granting permission for change of expert

A recent High Court decision shows that the court may order a party to disclose documents as a condition of granting permission to rely on an alternative …

High Court finds privilege not waived in expert report referred to in context of security for costs application

In a recent decision, the High Court found that the claimant's reference to an expert's preliminary report in the context of a security for costs …

Previous expert's draft report did not have to be disclosed where court had already granted permission to rely on a different expert

Where a claimant had already been granted permission to call an expert, and it later came to light that the claimant had previously instructed a …