UK Litigation Brief | July 2024
Published on 10th Jul 2024
Welcome to the latest edition of Osborne Clarke's Litigation Brief
No onus on claimant's solicitors to chase mediation request, English Court of Appeal finds
We previously reported on a Court of Appeal decision which confirmed that the English courts can order unwilling parties to mediate (although that will not be done in every case). The English Civil Procedure Rules have now been amended to reflect that power. Mediation has continued to be a topic considered by judges in the last few months.
English rulings highlight need for care when drawing up settlement agreements
Where a mediation or settlement negotiations succeed, the parties will usually draw up a settlement agreement to record what they have agreed. Two recent cases demonstrate the care that needs to be taken when describing exactly what is being settled.
UK Supreme Court guides on contractual terms and the use of force majeure
Once a rarely considered boilerplate clause, force majeure provisions have come to the fore in recent years with both the pandemic and sanctions resulting from the war in Ukraine having a drastic impact on many commercial transactions. A recent Supreme Court decision has therefore provided some welcome guidance on how the English courts will consider the operation of this provision.
UK Supreme Court focuses on directors' knowledge needed for strict liability
A recent Supreme Court decision has looked at what knowledge a director must have in order to be found liable for causing his or her company to commit a strict liability tort (that is, one where negligence does not need to be proven for the company to be liable).
Litigation toolkit launched to help navigate disputes in England
In case you missed it, Osborne Clarke has produced an English litigation toolkit aimed at parties considering choosing England as the jurisdiction to hear any disputes arising out of their contractual relationships. It sets out how a typical High Court claim is dealt with and covers: how long it takes, costs, settling or finishing your case early, proving your case, getting help from the court before judgment, appealing a decision, enforcing a judgment, and the particular advantages of English law and jurisdiction.
