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Second action allowed to proceed where earlier action struck out for breach of unless order
In a recent decision, the High Court has considered the proper approach to be taken in a second action where a previous action bringing the same claim …
Causation in valuers' negligence cases: Reliance on earlier valuations
The Supreme Court has held that where a lender advanced money on the basis of an initial valuation, then refinanced the facility (effectively …
High Court grants non-party broad access to documents relied on at trial despite case having settled before judgment
In a recent decision, a High Court Master has taken a broad view of the documents that should be made available to a non-party where a case settled after …
A litigator's yearbook: 2017 (England and Wales)
As we see another year out, it's a good time to look back at what 2017 has had in store. In this post we summarise some of the key developments from …
High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)
The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway …
Court of Appeal upholds order for payment of US$70 million under cross-undertaking in damages
The Court of Appeal has confirmed the court's approach to issues of causation where a defendant applies to enforce a cross-undertaking in damages: SCF …
Court of Appeal clarifies extent to which ATE insurance policy is relevant when considering security for costs
A recent Court of Appeal decision confirms that the court can take account of a claimant's after-the-event (ATE) insurance policy when considering …
Parties should not "abuse" the court's tougher approach to relief from sanctions
The High Court has penalised a claimant in costs for requiring the defendant to apply for relief from sanctions, where the defendant had relied on a …
A further reminder of the need for strict compliance in notifying warranty claims
In a recent decision, the High Court found that claims for breach of warranty had not been validly notified to one of seven defendants in accordance with …
High Court finds privilege applies to documents from which the substance of legal advice can be inferred
In a recent decision, the High Court has considered the question of when a document will be privileged on the basis that it "evidences" a privileged …
Amended provisions for concurrent expert evidence or "hot-tubbing" now in force
Amendments to Practice Direction 35.11, which governs the procedure for concurrent expert evidence, or "hot-tubbing", have now come into force after …
High Court can grant retrospective permission to continue a derivative claim
The High Court has held that it has the power retrospectively to validate service of a claim form and particulars of claim in proceedings brought as a …
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