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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 [2020] 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 [2020] EWHC 1393 (Comm)

November 11, 2020

The recent Commercial Court decision in PCP v Barclays Bank Plc [2020] 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.