The High Court recently held that a defendant's claim to privilege in respect of communications between employees and in-house counsel went too far. As well as a reminder of the limited application of legal advice privilege in a corporate context, this case is another warning to litigants (and their lawyers) that errors in disclosure can have costly consequences.
The High Court recently reinforced the breadth of the test for disclosure and held that it has the power to order a party to appoint a separate law firm to conduct an independent re-review of its disclosure. Although the court chose not to exercise that power in this case, the decision is a warning to litigants (and their lawyers) that errors in disclosure can have costly consequences.
In Vizcaya Partners Ltd v Picard the Privy Council recently held that an agreement to submit to the jurisdiction of a foreign court can arise through an implied term, but there must be actual agreement (or consent). However, simply agreeing that an agreement should be governed by foreign law does not amount to agreement to the corresponding jurisdiction.
The Court of Appeal recently held that a shareholder was estopped by convention from relying on a pre-emption agreement for the sale of shares which had been agreed by members informally through correspondence some eight years previously and had since allegedly been forgotten. The decision confirms that estoppel by convention can be based on forgetfulness as well as mistake.
The High Court recently refused to grant an anti-suit injunction restraining Danish insolvency proceedings. The case provides a useful discussion of the circumstances in which the court is likely to grant an anti-suit injunction, in particular where there are jurisdiction issues involving elements of both civil and insolvency proceedings.
The High Court recently awarded a successful claimant some of its costs on an indemnity basis as a result of the way in which the defendant's expert witness had prepared and given his evidence at trial. The case highlights the need, when choosing experts, to give some thought to their manner and approach to preparing and giving evidence, as well to ensure that their evidence is comprehensive and delivered clearly.
In Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C4I) Ltd (No 2) the High Court found that the defendant had been unreasonable in its refusal to mediate. However, as it had made a without prejudice save as to costs offer that the claimant had failed to improve at trial, the usual rules on costs applied. The defendant was awarded costs on the standard basis with no reduction.