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Commercial Disputes Weekly – Issue 619 November 2019

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BITE SIZE KNOW HOW FROM THE ENGLISH COURTS

Construction
The Court of Appeal has rejected an appeal concerning the existence of alleged profit share agreements in relation to two property developments, emphasising the relevance of “subject to contract” wording.
Farrar & Anr v Rylatt & Ors

Litigation
In an “extraordinary” case, the High Court has refused a claimant’s efforts to prevent the defendant knowing his name, highlighting that basic common law fair trial requirements require a defendant to know who it is being sued by and that relief from sanctions applications should not be used to attack the underlying order.
ABC v Google LLC

Litigation
Successful cases of recusal for apparent bias are unusual, but this week the High Court held that a judge’s intemperate language and his comments regarding future costs and liability would lead a fair-minded and informed observer to conclude there was a real possibility that he was biased.
Dorman & Ors v Clinton Devon Farms Partnership

Litigation
In a useful warning to dishonest litigants, the Court of Appeal has confirmed that contempt proceedings can be brought in relation to witness statements provided in purported compliance with a pre-action protocol, even if the claim is not actually made.
Jet 2 Holidays Limited v Hughes & Anr

FOR MORE INFORMATION

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