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The contract needs to change, but the parties can't agree: what happens next?

In a case which may be relevant to disputes arising out of COVID-19 or Brexit, the Privy Council has recently considered what should happen where an event occurs which necessitates changes to a contract, but the parties are unable to agree a variation. The Privy Council had to decide whether the supplier should be allowed to rely on a force majeure clause to relieve it of liability for future performance.

The unfinished business of Brexit: what still needs doing and how long will it take?

In 2019, UK voters were promised that there was a plan to "get Brexit done", so that we could all move on – and businesses could invest against a background of greater certainty. Whilst considerable progress has been made towards those goals, there remains a significant amount of unfinished business and uncertainty in key areas.

The end of the "over-lawyered" witness statement? New rules for witness evidence in the Business and Property Courts

On the 6th April 2021, a new Practice Direction 57AC ("PD 57AC") will come into force in the Business and Property Courts, applicable to all trial witness statements signed on or after that date1. The introduction of PD 57AC represents a fundamental reform to the way factual witness evidence is collected and presented in commercial litigation, and will require a change in working practice and attitude on the part of both parties to commercial proceedings and their lawyers.

Court of Appeal upholds disclosure order concerning senior executives' personal devices

Early this month, the Court of Appeal handed down an important judgment in Phones 4U Ltd v EE Ltd and Others ("Phones 4U"). The judgment results from an appeal by the defendant mobile network operators of a disclosure order requiring them to request their senior executives to hand over personal devices so that they could be searched by independent IT consultants for documents relevant to the case. The judgment illustrates how the courts will balance the need to ensure disclosure of relevant documents in court proceedings against individuals' rights to privacy, and emphasises the considerable latitude the courts have in crafting orders for disclosure.

Late acceptance of a Part 36 offer – what are the costs consequences?

Clarification has recently been given by the High Court in Pallett v MGN Ltd [2021] EWHC 76, on the operation of the Part 36 regime in the context of an attempt by a defendant to avoid the usual costs consequences of accepting a claimant’s offer. 

Part 36 of the Civil Procedure Rules (CPR) aims to encourage parties to try to settle their disputes and sets out the costs consequences of offers to settle made in accordance with Part 36. If a party fails to accept a realistic offer made by the other side, there is a risk of penalised costs and interest at the end of the case.

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