The "subject to contract" label
January 18, 2021
The Court of Appeal has provided helpful guidance on the effect of the words ‘subject to contract’ in the context of negotiations.
Admissibility of pre-contractual negotiations in actions for rectification
December 18, 2020
Parties should be alive to the complications that an action for rectification may cause, if brought alongside or in the alternative to an action raising a point of construction.
Issues to consider when serving a claim form via social media
December 14, 2020
English courts have a wide discretion to authorise service of a claim form. CPR 6.15(1) grants that “where it appears to the court that there is good reason… the court may make an order permitting service by an alternative method or alternative place”.
Scope of legal advice privilege for foreign in-house lawyers
December 07, 2020
The scope and application of legal advice privilege for foreign in-house lawyers has been clarified by the English Commercial Court.
Can an invalid deed be enforced as a contract?
November 30, 2020
The High Court has held that a defective deed may be enforced as a simple contract, so long as the document is valid as a contract and it is not a matter for which a deed is required.
Cross-border Q&A – Can foreign entities without an English equivalent be a party to litigation?
November 26, 2020
Separate legal personality is bestowed upon different entities in different legal systems.
Strike out application refused in breach of Quincecare duty claim against payment services provider
November 15, 2020
The decision in Hamblin and another v World First Ltd and another  EWHC 2383 (Comm) is the first to follow the Supreme Court decision in Singularis v Daiwa, which upheld a negligence claim for breach of the Quincecare duty of care.
Case Updater: PCP v Barclays Bank Plc  EWHC 1393 (Comm)
November 11, 2020
The recent Commercial Court decision in PCP v Barclays Bank Plc  EWHC 1393 (Comm) has provided insight into the scope of waiver of privilege and the “cherry picking rule”.
Group litigation claimants must disclose investment history
September 10, 2020
In the Ingenious film partnerships group litigation, the High Court ruled that the claimants should provide extended disclosure in relation to their investment history, as this may be relevant to: (i) their risk appetite and financial sophistication, which may in turn inform the scope of the defendants’ duty of care in providing advice; and (ii) causation of any loss as a result of alleged fraudulent and negligent representations regarding the Ingenious structure.
Risk v reward: cost liability in group litigation
September 02, 2020
In the high profile Lloyds/HBOS litigation, the High Court recently handed down judgment in respect of costs.