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Commercial Disputes Weekly – Issue 8828 September 2021

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BITE SIZE KNOW HOW FROM THE ENGLISH COURTS

"The weight to be given to an admission, if any, will always be fact-specific and there is always a limit to that weight."Su v Lakatamia Shipping Co Ltd & Ors

Contempt
In two recent cases concerning contempt proceedings, the English courts have made clear that such proceedings should only be pursued for legitimate ends, and should not generally be brought for purely technical breaches.  However, in the face of multiple flagrant breaches of court orders, the Court of Appeal has accepted that it may not always be appropriate to give credit for late admissions when assessing the appropriate sentence to impose.
Pharmagona Limited v Taheri & Anr and Su v Lakatamia Shipping Co Ltd & Ors

Court orders
The Court of Appeal has emphasised the importance of clarity when drafting court orders, noting that where an unless order imposes a time limit for doing an act, the last date for compliance should, wherever practicable, be expressed as a calendar date including both the date and time for compliance, or should alternatively define the period for compliance by reference to the date of service of the order.
Poule Securities Limited v Howe & Ors

Privilege
Providing a reminder of the dangers of showing confidential documents to the wrong person, the High Court has held that privilege in a draft witness statement was waived as it had been shown to the opponent’s barrister prior to an earlier hearing.
Axnoller Events Limited v Brake & Anr

Settlement
In a helpful case concerning the enforcement of settlement terms, the High Court has indicated that in most cases the terms embodied in a Tomlin Order which provides for a qualified stay and liberty to apply may be enforced in the original action, even if the terms of settlement go beyond the ambit of the original dispute.
Trebisol Sud Ouest SAS & Anr v Berkley Finance Limited & Ors

Should you wish to discuss any of these cases in further detail, please speak with a member of our London dispute resolution team below, or your regular contact at Watson Farley & Williams:

Andrew WardRebecca Williams
Ryland AshCharles Buss
Dev DesaiMarcus Dodds
Andrew HutcheonRobert Fidoe
Mike Phillips

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