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Review of practice and procedure in the Chancery Division of the High Court: final report published
A review of current practices and procedures for the conduct of business in the Chancery Division, known as the "Chancery Modernisation Review", has been …
Update on defamation legislation - coming into force 1 January 2014
On 1 January 2014, four important legislative changes concerning the law of defamation will come into force including the Defamation Act 2013. Click here …
Court of Appeal applies Mitchell guidance and finds defendant cannot rely on witness evidence served late
The Court of Appeal has held that a defendant Chief Constable's late service of witness statements meant that it could not rely on …
A litigator’s yearbook: 2013 (England and Wales)
As we approach the end of 2013, it's a chance to look back at the year that was and assess the changes it has brought. Below is our summary of key …
Court of Appeal finds that default provisions in share purchase agreement are unenforceable penalties
A recent Court of Appeal decision has highlighted the rule against penalties, demonstrating that a penalty can include not only a requirement to pay …
Substantial court fee increases proposed for commercial claims
The Ministry of Justice (MoJ) has issued a consultation proposing substantial court fee increases. For certain types of proceedings, these …
Consultation on proposed amendments to US federal rules on discovery
The US Federal Judicial Conference's Advisory Committee on Civil Rules (the "Advisory Committee") has proposed a series of amendments to the US Federal …
Cartel follow-on damages claim did not come within jurisdiction clause
The Court of Appeal has held that a claim for losses caused by an Italian cartel did not come within a jurisdiction clause giving non-exclusive …
Court of Appeal sends clear message on need for strict compliance in Mitchell decision
In its decision handed down this morning in the high-profile Mitchell case, the Court of Appeal has dismissed an appeal against tough sanctions imposed …
Court of Appeal overturns Commercial Court on construction of retention of title clause
In a recent decision the Court of Appeal found, by a majority, that the effect of a retention of title clause was that the buyer resold the goods as …
Court of Appeal decision underlines need for caution in settling with one or more (but not all) potential defendants
The Court of Appeal has upheld a decision striking out a misrepresentation claim on the basis that (i) the cause of action against the present defendants …
Court of Appeal decision on Part 36 offers to settle
The Court of Appeal has dismissed an appeal against a split costs order awarding costs to the claimant for certain periods and the defendant for certain …
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