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Litigation notes Blog

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High Court grants summary judgment in claim for rent accrued during periods of Covid closure, rejecting defences based on implied terms and “failure of basis”

United Kingdom - October 12 2021 The High Court has granted summary judgment to the landlord of commercial premises in a claim for arrears of rent and service charges due since the…

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…

Court of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6

United Kingdom - October 1 2021 The Court of Appeal has dismissed an appeal against a High Court decision striking out the representative element of claims arising from an oil spill…

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…

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…

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…

High Court finds acceleration clause is susceptible to rule on penalties, but declines to apply the rule as the amounts in question were payable in any event under a separate clause

United Kingdom - September 13 2021 In a recent judgment, the High Court held that a clause in a settlement agreement requiring immediate payment of all outstanding amounts in the event…

Government to introduce fixed recoverable costs for claims up to £100,000

United Kingdom - September 9 2021 On 6 September 2021, the government published its response to the 2019 consultation paper, Extending Fixed Recoverable Costs in Civil Cases:…

High Court refuses to stay proceedings against English domiciled defendant in light of pending Ukrainian insolvency proceedings

European Union, United Kingdom - August 31 2021 The High Court has rejected a challenge to its jurisdiction brought by a defendant who was found to be domiciled in England, and who was also a party…

High Court orders disclosure of lawyer’s attendance note alluded to in claimant’s witness statement

United Kingdom - August 25 2021 The High Court has ordered a claimant to disclose its lawyer’s attendance note (or notes) of discussions with one of the Defendant’s employees, on…