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High Court finds defendant did not submit to the jurisdiction by applying for strike out at the same time as challenging jurisdiction

United Kingdom - October 7 2021 The High Court has rejected an argument that a defendant submitted to the jurisdiction by applying to strike out the claim against him at the same…

Maura McIntosh, Harriet Tolkien.

Commercial litigation podcast series - Episode 10: General update

USA - October 6 2021 In this 10th Episode of our series of commercial litigation update podcasts, we give an update on recent developments relating to privilege, the…

Sam Heitlinger, Maura McIntosh.

High Court finds settlement agreement released unknown fraud claims despite absence of express words covering fraud

United Kingdom - September 27 2021 The High Court has interpreted the contractual release in a settlement agreement as extending to unknown claims based on dishonesty and fraud…

Maura McIntosh, Jan O'Neill.

High Court draws adverse inferences from failure to call relevant witness, and finds default interest clause to be an unenforceable penalty

United Kingdom - September 22 2021 The High Court has rejected a claim for misrepresentation, finding that although a fraudulent misrepresentation had been made, it had not induced the…

Chris Bushell, Maura McIntosh.

High Court confirms need for clear indication if shifting from “without prejudice” to “open” communications

United Kingdom - September 20 2021 The High Court has held that the protection attached to a chain of emails marked “without prejudice” extended to a subsequent email even though it…

Maura McIntosh, Jan O'Neill.