REUTERS | Mike Blake

The European Commission (Commission) has proposed a series of measures to improve the EU Service Regulation (the Regulation) and bring it into the digital age. At first glance, the Commission’s proposals look straightforward and sensible. Communications and the transmission of documents between authorities should, of course, be made electronically, as is proposed. Likewise, it should be possible, after the commencement of legal proceedings, for the addressee to consent to being served by email, as is also proposed. Continue reading

REUTERS | Phil Noble

In an application made pursuant to CPR 3.1(7) to vary or revoke an order in Praxis Capital Ltd v Burgess, the claimant sought an order for delivery up of confidential material that it alleged was in the defendant’s possession. The defendant had been employed by the claimant company, and these materials had been obtained in the course of that employment. The application was made in respect of an earlier final order dated 2 June 2015 by which the claimant’s original claim for injunctive relief and delivery up of confidential documents was dismissed. Continue reading

REUTERS | Thomas Mukoya

What happens when an injured claimant is uncertain about the identity of the perpetrator of the wrong and is confused about who to sue? One answer is to adopt a scattergun approach: sue everyone in sight and hope that within the cohort of defendants thus joined, the actual tortfeasor(s) will be ascertained and found to be accountable. Continue reading

REUTERS | Jason Redmond

In Manchester Building Society v Grant Thornton UK LLP, the Commercial Court held that the defendant, a firm of accountants, was not liable for substantial losses suffered on unprofitable transactions which had been entered into as a consequence of advice received from the defendant, even though the losses were foreseeable and caused by the negligent advice. The negligent advice received concerned how the transactions should be accounted for. An appeal is due to be heard by the Court of Appeal in January 2019. Continue reading

REUTERS | Jon Nazca

Fixed costs (and how to avoid them) have been a hot topic in recent months. Earlier this year, in Bratek v Clark-Drain Ltd, the High Court found that it was not possible to contract out of the fixed costs regime attaching to the Road Traffic Accident (RTA) and Employers’ Liability/Product Liability (EL/PL) protocols by providing for standard basis costs in a consent order. This followed a pattern of evolving fixed costs jurisprudence which was sought to limit avenues to disapply fixed costs and allow a receiving party to have their costs assessed. Continue reading