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Litigation notes Blog

Articles: 1-10 of 718

High Court declines to impose disclosure conditions on party wishing to replace expert as no “expert shopping” had taken place

United Kingdom - November 24 2022 In a recent case the High Court has considered its discretion to require disclosure of documents relating to a previous expert’s views when granting…

Supreme Court finds Civil Liability (Contribution) Act 1978 applies only where contribution claim governed by English law

United Kingdom - November 22 2022 The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic…

Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege

United Kingdom - November 18 2022 The Court of Appeal has held that the identity of those instructing lawyers on behalf of a corporate client are not generally protected by litigation…

Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to “overcome” force majeure event

United Kingdom, USA - November 7 2022 The Court of Appeal has held, by a majority, that a shipowner was not entitled to rely on a force majeure clause in a shipping contract where its…

No privilege for original version of document simply because comparison to final version would reveal legal advice

United Kingdom - October 6 2022 The Employment Appeal Tribunal has ordered a party to disclose the original version of a report following an internal investigation, where the report…

Application for third party disclosure can be served abroad where the documents are within the jurisdiction

United Kingdom - October 5 2022 The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales…

Proposed regulation of litigation funding for proceedings in the EU

European Union, United Kingdom - October 4 2022 The European Parliament has published a proposed Directive to regulate commercial third party funding within the EU. The proposed Directive will not…

Indemnity costs awarded against party who dismissed complaints about witness statement non-compliance as “nit-picking”

United Kingdom - September 27 2022 A recent decision acts as a further reminder of the need to comply with Practice Direction (PD) 57AC, which applies to trial witness statements…

Navigating UK sanctions against Russian persons in English court proceedings

United Kingdom - September 21 2022 The UK is one of many countries which have introduced extensive sanctions against Russia, its individuals and entities in light of the military…

2019 Hague Judgments Convention comes into force in September 2023 but (for now) only between EU and Ukraine

European Union, Ukraine, United Kingdom - September 6 2022 On 29 August 2022 the EU acceded to, and Ukraine ratified, the 2019 Hague Judgments Convention. This means the Convention will come into force on 1…