The High Court’s ruling in Glaxo Wellcome UK Limited v Sandoz Limited provides a useful example of circumstances in which disclosed documents can be used other than in the proceedings in which they were disclosed, even if that may damage the disclosing party. A key feature of litigation in England is that parties are required […]
In a further blow to Claimants responding to demands for security for costs, the High Court has ruled that where security for costs is to be provided by way of a Deed of Indemnity rather than a payment into court, the Court can in its discretion require that the indemnity should cover all the Defendant’s […]
Affirming the scope of professional privilege, the Court of Appeal has confirmed that certain documents generated in internal investigations carried out prior to court proceedings are protected by litigation privilege. Its decision in The Directors of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited provides useful guidance on what investigative documents will be […]
After the Event (ATE) insurance policies provide many advantages to parties to litigation. By providing cover for the adverse costs risks inherent in litigation and, in some cases, cover for the insured’s own costs and disbursements, ATE policies allow parties to have access to justice which they might otherwise be denied. Such policies may also […]
Legal proceedings and the documents they generate are often of interest to third parties. There may be public interest in these documents due to the subject matter of the proceedings or the proceedings may be relevant to private or commercial interests, for example those considering bringing similar claims against the same or related parties. While […]
Three company directors were found to have acted in breach of duty, and thus have assumed personal liability in connection with a reorganisation which left the company unable to meet its own liabilities without the assistance of its subsidiaries in LHR Services Ltd (in Liquidation) v Raymond Arthur Trew, Jason Marcus Brewer, Derek O’Neill. As […]
Upholding a decision of the Court of Appeal, the Supreme Court has determined that, in cases involving conspiracy to injure, acting in contempt of court amounts to “wrongful means”, whilst the place of the “event giving rise” to the damage suffered, for the purposes of determining jurisdiction, is the place where the conspiratorial agreement was […]
Litigation funders may be feeling uneasy after the recent High Court decision of Bailey v Glaxosmithkline. Until this decision, funders could justifiably have assumed that they would only be ordered to pay security for costs up to the level of their funding, an application of the so called “Arkin cap”. Foskett J has shown this […]
The answer, according to the European Parliament’s recent report on the impact of Brexit on freedom, security and justice, is “yes”. The report notes the wide-ranging implications for individuals and businesses with commercial or personal ties to the UK and any other EU member state who are facing uncertainty over cooperation between the UK and […]
In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction. The court held […]
When the Civil Procedure Rules introduced cost budgeting requirements for all but the highest value claims in 2014, a certain amount of speculation arose as to whether parties might be able to use tactical figures in their own cost budgets to manoeuvre themselves into a more favourable costs position compared to their opponent. The significance […]
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