Litigation Notes

Court of Appeal confirms Part 36 offer cannot be made exclusive of interest

The Court of Appeal has confirmed that an offer which is made exclusive of interest cannot be a valid Part 36 offer: King v City of London Corporation …

High Court finds privilege not lost despite document being referred to in open court

High Court applies contractual cap on liability only after reducing damages for contributory negligence 

In a recent case, the High Court has clarified the correct approach to reducing damages in order to reflect a finding of contributory negligence where …

Court of Appeal grants award for unjust enrichment where contract did not set out full terms for payment

The Court of Appeal has granted an award for unjust enrichment where a claimant was contractually entitled to receive an introduction fee if a property …

Court of Appeal upholds strict interpretation of the "Duomatic" principle, which allows informal shareholder approval of company decisions

In a recent decision, the Court of Appeal reconfirmed that the Duomatic principle can only apply where all shareholders have approved the relevant act of …

High Court emphasises need for parties to agree disclosure search methodology and terms in advance

In a recent decision, the High Court refused to order the defendants to disclose further documents, beyond the 95 documents they had already produced …

A litigator's yearbook: 2019 (England and Wales)

Commercial Court finds asymmetric jurisdiction clause is exclusive jurisdiction clause for purposes of recast Brussels Regulation

The Commercial Court has held that an asymmetric or unilateral jurisdiction clause is an exclusive jurisdiction clause within article 31(2) of the recast …

Witness evidence working group: proposals for improvement but no radical change

Upcoming webinar - Class actions in England and Wales: Shareholder actions - The Lloyds/HBOS litigation

On Monday 9 December (1-2pm UK time), Harry Edwards, Ceri Morgan and Sarah Penfold will deliver a webinar for Herbert Smith Freehills clients and …

Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement

The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement …

High Court declines to vary embargo on draft judgment to allow it to be shared with a third party