Litigation Notes

High Court finds defendant did not submit to jurisdiction where it sought to have summary judgment application determined before stay application

The High Court has held that a defendant did not submit to the court's jurisdiction despite seeking to have its (conditional) summary judgment …

Setting aside judgments for fraud: Court of Appeal considers what level of prior knowledge will disentitle the innocent party

The Court of Appeal has allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis …

Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers

In the context of a claim brought by a bank against a valuer, seeking damages in respect of a negligent valuation report for land representing the bank’s …

Managing risk: A disputes perspective (2021)

A litigator's yearbook 2021 (England and Wales)

High Court dismisses fraudulent misrepresentation claim relating to loan notes investment on limitation grounds

The High Court has dismissed a claim by the assignee of an investment fund against a financial advisory firm (and associated parties) for losses arising …

Part 36 offer given effect even though it was not validly served

In a recent decision the High Court has held that a Part 36 offer was valid despite the claimant having failed to serve it in accordance with CPR Part 6: …

Commercial litigation podcast series – Episode 11: General update

Further guidance on new requirements for trial witness statements under Practice Direction 57AC

43rd FA Mann lecture taking place this evening (18 November): “International law before United Kingdom courts – a quiet revolution”

The 43rd of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London tonight (18 November). This …

High Court finds there is no power to order a party to use its "best endeavours" to obtain and disclose documents that are not within its control

The High Court has declined to order a defendant to use its "best endeavours" to obtain the data held on the mobile telephones of two of its …

Supreme Court finds claim for compensation under data protection legislation cannot proceed on "opt-out basis" in high profile Lloyd v Google case