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Commercial Disputes Weekly – Issue 1917 March 2020

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BITE SIZE KNOW HOW FROM THE ENGLISH COURTS

Appeals
Although the Court of Appeal often reminds parties of the need for concision in their grounds of appeal, it has also emphasised that any challenges to a lower court’s finding of fact should be clearly identified to ensure that the judge considering an application for permission to appeal is aware that such a challenge is being mounted.
Taylor v Rhino Overseas Inc

"It is significant that “joint privilege” has been recognised in contexts other than trusts"Dawson-Damer & Ors v Taylor Wessing LLP

Appeals
Dismissing an appeal which sought to raise new points not previously advanced, the Court of Appeal has emphasised the importance of parties putting their full case to the court at trial, particularly where the new case would effectively involve a rehearing.
UK Learning Academy Limited v Secretary of State for Education

Construction
In a significant decision on payment provisions in hybrid construction contracts, the Court of Appeal has confirmed that the Construction Act 1996 does not require sums due to be broken down by construction and non-construction operations.
C Spencer Limited v M W High Tech Projects UK Limited

Privilege
In a helpful reminder of the limits of legal professional privilege, the High Court has confirmed that disclosure may be ordered where there is a strong prima facie case that the fraud exception to privilege applies.
Addlesee v Dentons Europe LLP

Privilege
Confirming that the question of whether joint interest privilege attaches to trust documents is a question of procedural rather than trust law, the Court of Appeal has found that a trustee could not assert privilege as against a beneficiary of the trust.
Dawson-Damer & Ors v Taylor Wessing LLP

FOR MORE INFORMATION

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