Insights: Disputes

The Court of Appeal has provided an important clarification on what is recoverable loss and how exclusion/limitation clauses should be interpreted.

The costly consequences of a party getting too close to their expert have been spelt out in a recent case. The High Court revoked permission for the Claimants to rely on their expert in the Chirk Nuisance Group Litigation leaving them late in the litigation having to seek a new expert and begin again in terms of expert evidence.

During these unusual times, we are all having to adapt to what has become the 'new normal' and implement changes in how we carry out civil cases.

A High Court judge has strongly criticised parties' conduct in a recent case describing them as behaving like "Schoolchildren".

... but what about the restrictive covenants I hear you say?

Our previous update set out the key changes that any witness giving evidence in the Business and Property Court from 6 April 2021 needed to know.

Many commercial contracts contain "force majeure" clauses which provide that, if certain events occur which are outside the parties’ reasonable control, a party who is unable to meet its contractual obligations will be excused from doing.

Over the past two years we have seen more and more court hearings take place online as the courts adjusted the ways in which they operated to ensure that hearings could still take place during the pandemic.