Practical Law

Two recent decisions of the High Court, in actions involving high-profile parties, shine a spotlight on the duties of both parties and their legal representatives when it comes to disclosure.

It is commonplace in commercial transactions for communications to be marked “subject to contract”. The extent to which the label has effect in settlement negotiations was put to the test in Joanne Properties Ltd v Moneything Capital Ltd and another, where the Court of Appeal provided guidance on this, particularly whether agreement that the qualification … Continue reading “Subject to contract” wording in settlement negotiations: a label that sticks →

Under the Civil Procedure Rules, where the defendant is an individual, the claim form is served personally by “leaving it with that individual”. But what does that mean, particularly in circumstances where the individual refuses to accept the claim form? The recent case of Gorbachev v Guriev provides a useful case study, in which it … Continue reading Up, close and personal? Guidance on what constitutes personal service on an individual →