The High Court has reaffirmed the strength of protection given to parties seeking to resolve a dispute through reliance on the ‘without prejudice’ rule during negotiations. ...more
According to data released by the Ministry of Justice 63% of cases listed in 2022 and 69% of cases listed in Q1/Q2 2023 in the Commercial Court involved at least one non-UK registered party. Despite the increasing frequency...more
11/10/2023
/ Business Disputes ,
Commercial Litigation ,
Contract Disputes ,
Document Productions ,
Evidence ,
Eyewitness Testimony ,
General Data Protection Regulation (GDPR) ,
International Litigation ,
Local Rules ,
Parallel Proceedings ,
UK
Legal professional privilege is a key issue in any litigation or investigation and each year the courts determine many disputes over its application. It can become less straightforward to manage and protect in multi-party or...more
In this insight, Clare Reeve Curatola ask our experts, Jason Alvares and Chris Wheatley, to share their insights and thoughts on the developments and challenges in forensic technology. They also share practical tips to...more
There are various ways in the English High Court to bring a claim, including as a group or representative action. Historically they have been underused but that is changing. Businesses are becoming increasingly interested in...more
Commercial disputes between individuals and/or companies often involve complex issues and debate. Sometimes, however, a claim is made without any legal and/or factual basis and, despite best efforts, the claimant is...more
Following a series of three Supreme Court judgments between 2011 and 2017, the general approach to interpretation of contracts under English law has been fairly clear....more
A recent High Court appeal decision in Ahuja Investments Limited v (1) Victorygame Limited and (2) Surjit Singh Pandher has permitted a creative, yet deceptive, litigation strategy by a claimant seeking to withhold...more
In a decision handed down at the end of April, the Commercial Court, in Wilmington Trust SP Services (Dublin) Ltd and others v Spicejet Ltd [2021], has provided guidance on the English law doctrines of illegality and...more
5/11/2021
/ Aircraft ,
Boeing ,
Breach of Contract ,
Contract Terms ,
Coronavirus/COVID-19 ,
Debt ,
Debtors ,
Finance Lease Contract ,
Frustration of a Common Purpose ,
Illegality Defense ,
Infectious Diseases ,
Leases ,
Payment Terms
The Commercial Court has held that a bank waived privilege in all contemporaneous communications with its lawyers relating to particular transactions, as the bank had referenced and deployed certain documents containing legal...more
We know that clients are grappling with contractual issues arising from the impacts of the COVID-19 pandemic and the rights and obligations under existing contracts are coming under close scrutiny and it is likely that there...more