In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had to interpret force majeure and material adverse change clauses. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and James Robson, a senior associate.
Our podcast is available on iTunes, Spotify and SoundCloud and can be accessed on all devices. A new episode will be released every couple of months. You can subscribe and be notified of all future episodes.
Below you can find links to our blog posts on the developments and cases covered in this podcast:
- Another decision regarding a failure to comply with the new requirements for trial witness statements under PD 57AC
- Court of Appeal decision highlights dangers of filing claim form electronically on final day for service
- Iniquity exception to privilege does not apply just because defendant to fraud claim lies to their solicitors and the court
- High Court finds defendant submitted to the jurisdiction by applying for extension of time to serve defence
- High Court finds defendant did not submit to jurisdiction where it sought to have summary judgment application determined before stay application
- High Court finds submission to jurisdiction no bar to staying English proceedings in favour of Thai proceedings following change in circumstances
- Court of Appeal confirms buyer entitled to repayment of advance where seller failed to deliver diesel due to force majeure
- High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights
- High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights
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