Commercial Court dislikes pre-action disclosure in prof neg claims: even in mega-auditor’s negligence action – Hailsham Chambers

‘In Carillion v KPMG, the liquidators of this once substantial company sought pre-action disclosure from its former auditors. They intend to bring professional negligence proceedings for not detecting that the financial statements were unreliable. The Commercial Court refused the application. One might think that given auditors’ negligence claims in large part turn on professional judgment as to the audit procedures performed, the evidence obtained and the conclusions drawn, clear sight of the materials produced and relied on by the auditors would enable better focussed pleadings. Nonetheless the Commercial Court refused the application (which had admittedly spun into a substantial hearing with apparently more than £500,000 costs on each side). It pointed out that generally such applications were unlikely to succeed in Commercial Court cases and on the facts was not appropriate. The Judge seems to have been most impressed by the fact that Carillion had been able to articulate a detailed case in negligence already, rendering pre-action disclosure perhaps redundant and likely to be duplicated when it came to conventional disclosure.’

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Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Commercial litigation dipped before lockdown – Litigation Futures

Posted June 1st, 2020 in Commercial Court, coronavirus, foreign jurisdictions, news, statistics by sally

‘Litigation in London’s commercial courts dipped before the UK lockdown at the end of March, new figures have revealed.’

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Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Commercial Court refuses split liability and quantum trial in cartel competition damages claim which included a ‘follow on claim’ (Daimler AG v Walleniusrederierna Aktiebolag) – Henderson Chambers

Posted April 22nd, 2020 in chambers articles, Commercial Court, competition, damages, news by sally

‘Bryan J refused an application for a split trial in a partial follow-on cartel competition claim. Even though part of the claims were standalone, it was always going to be difficult to persuade the court into a split trial (liability and quantum) where the follow-on claims require no liability findings. Written by Adam Heppinstall, barrister, at Henderson Chambers.’

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Henderson Chambers, 16th April 2020

Source: www.hendersonchambers.co.uk

Commercial Court ends “ready approval” of long witness statements – Litigation Futures

Posted March 16th, 2020 in Commercial Court, evidence, limitations, news, witnesses by sally

‘The current Commercial Court practice of readily granting applications seeking an extension of the 30-page limit for witness statements is to end, the judge in charge has said.’

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Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

Commercial Court clamps down on lengthy witness statements – Law Society’s Gazette

Posted March 12th, 2020 in Commercial Court, documents, expert witnesses, news, witnesses by tracey

‘The Commercial Court is cracking down on excessively long witness statements, introducing a new set of rules for documents more than 30 pages long.’

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Law Society's Gazette, 11th March 2020

Source: www.lawgazette.co.uk

Inadequate time estimates a “problem” in Commercial Court – Litigation Futures

Posted February 19th, 2020 in Commercial Court, delay, news, sanctions by sally

‘Parties under-estimating the time required to argue applications in the Commercial Court – especially where the parties seek a Friday listing – is a “significant current problem”, a judge has warned.’

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Litigation Futures, 19th February 2020

Source: www.litigationfutures.com

Commercial Court aims to tackle listing issues – Litigation Futures

‘The Commercial Court has pledged to try and eliminate listing issues that have occurred in the past year amid a reduction in the number of available judges.’

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Litigation Futures, 13th February 2020

Source: www.litigationfutures.com

Speech by Mrs Justice Carr DBE: Women in Commercial Law – Courts and Tribunals Judiciary

‘Speech by Mrs Justice Carr DBE: Women in Commercial Law.’

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Courts and Tribunals Judiciary, 6th November 2019

Source: www.judiciary.uk

CA orders retrial after High Court judge’s “inadequate” ruling – Litigation Futures

Posted August 13th, 2019 in appeals, Commercial Court, documents, evidence, judges, news, retrials by tracey

‘The Court of Appeal has “reluctantly” ordered the retrial of a Commercial Court case after finding that the judge failed to address all the evidence before him.’

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Litigation Futures, 13th August 2019

Source: www.litigationfutures.com

Court condemns “dialogue of the deaf” between opposing solicitors – Litigation Futures

Posted August 1st, 2019 in Commercial Court, disclosure, news, solicitors by tracey

‘The Commercial Court has criticised the lack of co-operation between the solicitors on either side of a dispute, describing their correspondence as “a dialogue of the deaf”.’

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Litigation Futures, 31st July 2019

Source: www.litigationfutures.com

How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’

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Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk

Demand for commercial courts hits new peak as competition circles – Litigation Futures

Posted May 10th, 2019 in brexit, Commercial Court, courts, jurisdiction, London, news, statistics by sally

‘The number of commercial cases heard in London grew significantly last year, according to new research which highlights the difficulties for new international courts to challenge the UK’s position post-Brexit.’

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Litigation Futures, 8th May 2019

Source: www.litigationfutures.com

Commercial Court “should better enforce witness statement rules” – Litigation Futures

‘Early results from a survey on witness statements has found that that most Commercial Court users want judges to be tougher in enforcing the rules, it has emerged.’

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Litigation Futures, 28th February 2019

Source: www.litigationfutures.com

Court berates “most unsatisfactory” expert evidence – Litigation Futures

Posted January 24th, 2019 in Commercial Court, evidence, expert witnesses, news by tracey

‘Claimants and their lawyers could not just blame their expert for the “most unsatisfactory” state of his evidence, the Commercial Court has said in refusing to allow them to bring an important part of a huge commercial claim. Mr Justice Males said parties and their lawyers had to step in when they were aware of a problem.’

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Litigation Futures, 24th January 2019

Source: www.litigationfutures.com

Speech by Lord Justice Gross: London Common Law & Commercial Bar Association Annual Lecture – Courts and Tribunals Judiciary

Posted January 17th, 2019 in civil justice, Commercial Court, judiciary, legal profession, speeches by tracey

‘Speech by Lord Justice Gross: London Common Law & Commercial Bar Association Annual Lecture.’

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Courts and Tribunals Judiciary, 16th January 2019

Source: www.judiciary.uk

Harry Greenhouse v Paysafe Financial Services Limited – Blackstone Chambers

Posted December 11th, 2018 in Commercial Court, contracts, damages, gambling, news by sally

‘The Commercial Court has found in favour of Mr Greenhouse (represented by Andrew George QC and Daniel Cashman) on every issue before it, in relation to a contractual commission dispute in the gambling/electronic payment sector.’

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Blackstone Chambers, 30th November 2018

Source: www.blackstonechambers.com

Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog

Posted November 27th, 2018 in appeals, Commercial Court, construction industry, contracts, fire, insurance, news by tracey

‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’

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Practical Law: Construction Blog, 23rd November 2018

Source: constructionblog.practicallaw.com

Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law – Courts and Tribunals Judiciary

Posted October 24th, 2018 in Commercial Court, contracts, damages, enforcement, speeches by tracey

‘Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law.’

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Courts and Tribunals Judiciary, 22nd October 2018

Source: www.judiciary.uk

Commercial court litigants up by 22%, survey finds – Litigation Futures

Posted June 1st, 2018 in choice of forum, Commercial Court, London, news, statistics by sally

‘London’s commercial courts were busier than ever last year, with a 22% rise in the number of litigants and 7% increase in the number of cases heard, a survey has found.’

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Litigation Futures, 31st May 2018

Source: www.litigationfutures.com

Commercial Court Shrinks Scope to Challenge Arbitrations – Hailsham Chambers

Posted October 20th, 2017 in arbitration, choice of forum, Commercial Court, evidence, news by sally

‘In the internationally competitive market for arbitrations, there is much talk about which Courts are most “arbitration-friendly”. In a recent judgment Teare J, in the Commercial Court, has crushed speculation that the English Courts might be increasingly sympathetic to challenges to factual findings.’

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Hailsham Chambers, 12th October 2017

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