Insights & News

Disclosure in English litigation: a sea change is coming

09 January 2018

English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.

Erosion of privilege – Law Society seeks to intervene

08 January 2018

The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).

Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client

12 December 2017

The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.

Servicing trade mark infringement

22 June 2017

The use of a third party trade mark to provide information or describe a service being offered does not necessarily constitute trade mark infringement. Where the use of a trademark goes beyond that and creates an impression in the average consumer that the particular serviced is authorised by the trade mark owner, this will constitute an infringement.

Service of a claim form on an agent - was it valid?

22 June 2017

In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?

Putting a squeeze on patent licences

20 June 2017

The recent case of Chugai Pharmaceutical Co Ltd v UCB Pharma SA & Celltech R&D Ltd [2017] EWHC 216 (Pat)

Advocate General’s Opinion – Uber provides a transport service not an information society service

11 May 2017

The Advocate General states the Uber is providing a transport service and it not acting as an electronic intermediary and providing an information society service. Uber therefore should have to comply with local laws for the licensing of taxi operators

Preparing to issue proceedings

Inbrief

26 April 2017

This note provides general guidance on the steps to consider prior to embarking on litigation. There are a number of practical considerations that should be taken into account. The civil justice system in England expects parties to take a certain number of steps before issuing proceedings. This guide runs through these matters in outline.

Time to add more defendants?

21 April 2017

In a recent decision the Court of Appeal has had to decide whether a claim for accessory liability against various companies was time barred. Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) Anor v Sandoz Ltd & Anor [2017] EWCA Civ 22.

Marathon Asset misses the jackpot again

12 April 2017

After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.

Bad timing for a counterclaim

27 February 2017

The provisions of section 35(3) of the Limitation Act 1980 will not enable a defendant to bring counterclaim that would otherwise be time barred before the proceedings had commenced.

Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim

14 February 2017

A recent decision not only reminds practitioners of a defendant’s ability to force a claimant to either serve proceedings or discontinue a claim by using a CPR 7.7(1) notice, but also considers for the first time the date for compliance with such a notice.

Legal advice privilege: Not as wide as you think?

08 February 2017

Who is a lawyer’s client and what type of communications are protected for the purposes of legal advice privilege have been the subject of two recent important High Court decisions. These cases make it clear that not all communications between lawyers and a client’s employees will be protected by legal advice privilege, even if the communication took place to allow legal advice to be given.