Latest Articles

Courts continue to deter satellite litigation on witness statements

Despite having broad case management powers in respect of trial witness statements that do not comply with the procedural rules, judges are notably unwilling to impose the more draconian sanctions available to them. This week, in McKinney Plant & Safety Ltd v The Construction Industry Training Board, a claimant who had committed multiple breaches of the rules and had exacerbated those breaches by being entirely dismissive of the defendant’s objections, escaped with a relatively lenient adverse costs order.

Irremediable Mistakes

It is common for contracts to contain termination provisions that only allow for termination for a remediable breach if notice of the breach is given and the breaching party is allowed time to remedy it. For a party considering the application of such a clause, an obvious question is: what breaches do the courts consider capable of remedy? The High Court of England and Wales recently considered this in Stobart Capital Ltd v Esken Ltd. While not making new law, the case is a good reminder that the answer is maybe more than you think.

UK Supreme Court rules on whether a product is defective

A decision of the UK Supreme Court has reaffirmed recent judicial guidance on the approach to defects under the UK’s product liability regime and held that actions including the issuing of official notices and alerts by regulators and the manufacturer, and the voluntary withdrawal of the product range from the market, are not prima facie evidence of a defect alone and should be considered in light of other evidence.

What Are You Implying?

In Yoo Design Services Ltd v Iliv Realty PTE Ltd the Court of Appeal has, once again, shown itself to be averse to exercising the ‘extraordinary power’ to intervene in a contract by implying a term in anything other than the most clear-cut cases. While it is understandable that claimants, in the absence of any helpful express terms, make claims based on the implication of terms, a party doing so must appreciate the height of the hurdle to be cleared.