Collateral use of disclosed documents under CPR 31.22(2)
In the recent decision of Various Claimants v Mercedes-Benz Group Ag and others [2024] EWHC 695 (KB), the High Court provides some noteworthy comments for any party seeking to prevent the collateral use of disclosed documents under Rule 31.22(2) of the Civil Procedural Rules (CPR). What is the background to the Mercedes-Benz Group case? On […]
Are documents held by a third party disclosable?
In the recent decision of The Public Institution for Social Security v Al-Wazzan and Others [2024] EWHC 480 (Comm), applications seeking disclosure of documents held by third parties on the basis that these were under the "practical control" of the respondents were refused by the High Court. What are the facts of PIFSS v Al-Wazzan? […]
Do statutory limitation periods apply to unfair prejudice claims?
The "received wisdom" for several decades has been that unfair prejudice petitions under section 994 of the Companies Act 2006 are not subject to periods of limitation. However, in the landmark decision of the Court of Appeal (CA) in THG Plc v Zedra Trust Co (Jersey) Ltd [2024] EWCA Civ 158 (handed down on 23 […]
Discretion of the court when granting freezing orders
A freezing order is an interim measure granted by a court to prevent a person or business from being able to dispose of or deal with their assets prior to any judgment being enforced. These orders are wide-reaching, with the power to restrain all types of assets, including bank accounts, shares, property, land and investments, […]
Company directors can still be liable for civil contempt
In the recent decision of ADM International Sarl v Grain House International SA and Elhachmi Boutgueray [2024] EWCA Civ 33, the Court of Appeal (CA) has confirmed that company directors can still be liable for civil contempt following revisions made to Part 81 of the Civil Procedural Rules (CPR) in 2020. Below we look briefly […]
Can the court stay proceedings to allow for ADR?
In a recent decision concerning the power of the court to compel parties to enter into alternative dispute resolution (ADR), it was held by the Court of Appeal that compulsory referral by the court is an option that parties may now be faced with. Below we look at the decision in Churchill v Merthyr Tydfil […]
Claiming interest when making a claim
Claiming interest can often be overlooked when bringing a monetary claim through the courts, not least when trying to keep costs to a minimum by litigating in person, ie; without the assistance of a solicitor. Still, even though the primary concern in this context is understandably recovery of the substantive outstanding sum, if that sum is […]
How does deliberate concealment impact the law on limitation?
In the recent landmark decision in Canada Square Operations Ltd v Potter [2023] UKSC 41, the meaning of the phrase "deliberate concealment" within a limitation context — where any fact relevant to a claim has been deliberately concealed from the claimant by the defendant — has been clarified by the Supreme Court. Below we look […]
When to use "without prejudice"
The "without prejudice" principle is a tool commonly used by legal practitioners to enable them to speak freely during settlement discussions. When used correctly, any concessions made on behalf of a client, including offers to settle, cannot usually be treated as admissions of liability if the dispute in question cannot be resolved. This is because […]
Unfair prejudice petitions and fair offers for shares
Unfair prejudice petitions are a form of statutory protection afforded to minority shareholders in the context of shareholder disputes. Accordingly, pursuant to section 994 of the Companies Act (CA) 2006, provided an aggrieved minority shareholder can show that the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to […]