Commercial Litigation EP8: General Update

In this eighth episode of our series of commercial litigation update podcasts, we will give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties having agreed a settlement. We will also look at some of the very few English cases to date which consider frustration and force majeure in the context of the Covid-19 pandemic. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Gayatri Gogoi, an associate.Below you can find links to our blog posts on the developments and cases covered in this podcast.European Commission recommends that EU reject UK bid to join Lugano ConventionBrexit: key practical implications for disputes and dispute resolution clausesParent companies’ documents found to be in subsidiaries’ control for disclosure purposesCommercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documentsCourt of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalidHigh Court agrees not to hand down judgment where settlement was reached after parties received draft judgmentHigh Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of creditHigh Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration”High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic