Get up to date with the Winter 2021/22 edition of the brief case, our litigation newsletter
The Danger of Directors: Protecting Your Business from Unlawful Acts
Directors or de facto directors of a company often have access to some of the most confidential information and trade secrets of a business and have strong relationships with a company's customers, suppliers and employees. If a director resigns and unlawfully sets up in competition, or takes a position with a competitor, this could pose a major threat to the business.
An Interim Injunction, But At Whose Cost?
A cautionary and costly tale for respondents seeking to contest applications for interim relief.
Damages For Breach Of Warranty And The Limitations Of Contractual Liability Caps
In a significant victory for AG's client, the High Court has reiterated the legal principles applicable to the quantification of damages for breach of warranty and examined some interesting points in relation to contractual duties of mitigation and liability caps on which the Defendants sought unsuccessfully to rely.
Obtaining documents from non parties - two attempts
The court's discretion as to whether to order disclosure against non-parties to litigation is critical, even where the threshold criteria are satisfied. The jurisdiction is to be exercised with caution. If you want disclosure from a non-party try to draft the order so compliance will be straightforward.
Disclosure – Material On Personal Devices Of Corporate Employees?
The court usually seeks to adopt a pragmatic approach to disclosure. But to persuade it to exercise its powers to order disclosure you need to show that the basic requirements for disclosure are met, such as the other party's "control" over the documents you are seeking.
The Construction of Settlement Agreements – A Firm But Fair Approach By The High Court
In a string of recent cases, the High Court has been tasked with construing settlement agreements in which the purpose and scope are in dispute.
Witness Evidence – What To Do When It's Not Compliant
On 6 April 2021, a new Practice Direction 57AC ("PD57AC") was introduced to clarify the rules on the preparation of trial witness statements for use in the Business and Property Courts.
Supreme Court rejects £3bn data class action against Google
In a long-awaited decision, the Supreme Court has rejected the attempt to bring a class action against Google relating to the unauthorised tracking of iPhone users. The Court upheld Google's appeal against the decision of the Court of Appeal, and decided that the claim had no prospect of success.
Significant changes to FCA decision making: Policy Statement CP 21/16
On 26 November 2021, the FCA published its Policy Statement PS 21/16, confirming in short that, despite a series of responses to the consultation raising concerns about the proposed changes (as detailed in the Policy Statement itself), "it has carefully considered whether to make any changes in light of the comments received in consultation, but we intend to implement our proposals as consulted" (para 1.18, p5).
Insurer Entitled To Avoid Employer's Liability Insurance Policy
The High Court has upheld a decision that an insurer was entitled to avoid an employer's liability insurance policy for non-disclosure and misrepresentation relating to the employer's involvement in trafficking and forced labour.
The Briefest Case - Quick Updates for those Dealing with Business Disputes
The Briefest Case holds several quick updates, highlighting recent useful decisions for those dealing with disputes.
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