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Brussels Regulation: The Commission proposes radical changes to rules on jurisdiction and enforcement of judgments
On Tuesday (14 December 2010) the Commission published its eagerly anticipated proposals relating to reforms to the Council Regulation (EC) No 44/2001 on …
Offer "open for 21 days" not a valid Part 36 offer
A recent High Court judgment has important practical implications for how offers are drafted under Part 36 of the Civil Procedure Rules (CPR) and for the …
Court of Appeal refuses to extend boundaries of representative action procedure to create English class action
The Court of Appeal has today dismissed the claimants' appeal in Emerald Supplies Ltd and another v British Airways PLC [2010] EWCA Civ 1284, refusing to …
Government consultation on Jackson reforms on civil litigation funding and costs
The Ministry of Justice yesterday published its consultation entitled "Proposals for Reform of Civil Litigation Funding and Costs in England and Wales – …
Supreme Court confirms new exception to the 'without prejudice' rule
In its judgment handed down on 27 October 2010 in Oceanbulk Trading & Shipping SA v TMT Asia [2010] UKSC 44, the Supreme Court added a new exception …
Security for costs: where claim and counterclaim raise same issues
A recent High Court judgment considers the principles that apply in security for costs applications where similar issues arise on both claim and …
Commercial Court refuses enhanced disclosure order
A recent judgment of the Commercial Court demonstrates the difficulty of obtaining a broad order for enhanced or "train of enquiry" disclosure, even …
Recent cases on difficult issues in the law of damages
The law of damages might at times seem the "poor cousin" of commercial litigation, with both litigants and courts focusing much more time and attention …
Court of Appeal reins in "loss of a chance" approach in commercial claims
In Law Debenture Trust Corporation PLC v Elektrim SA [2010] EWCA Civ 1142, the Court of Appeal has suggested that the courts should not be too ready to …
Legal advice privilege: only for lawyers
The Court of Appeal has today handed down judgment confirming that legal advice privilege does not apply to any professional other than a qualified …
Privilege after Akzo - a checklist for in-house lawyers
The European Court of Justice decision in Akzo confirms that, for the purposes of EU law, legal professional privilege does not apply to communications …
Jurisdictional test for pre-action disclosure considered by the High Court
Flaux J in Alan Kneale v Barclays Bank plc [2010] EWHC 1900 (Comm) has taken a robust approach to an application for pre-action disclosure of a credit …
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