Alternative dispute resolution

Unauthorised or non-compliant service by email is causing problems for litigants and their solicitors. We review the rules and the prospect of getting relief from the court.

We look at the operation of T&Cs in business to business contracts as illustrated by the recent case of Phoenix Interior Design Ltd v Henley Homes Plc & Union Street Holdings Ltd.

The recent decision in State of Qatar v Banque Havilland SA yet again highlights the difficulties that remain when a party tries to assert litigation privilege over documents that have been created for more than one purpose. In this article, we provide a brief refresher of the key requirements where a party wishes to assert litigation privilege to avoid disclosure of a document. We also consider the implications of the Qatar decision and conclude with a checklist of points to bear in mind in the context of investigations.

A round-up of some recent litigation cases that may be of interest.