Miss Gillian O'Regan

Gillian O'Regan

Updates

Litigation

Challenging judgments allegedly obtained by fraud
United Kingdom | 04 December 2018

The Court of Appeal has dismissed an application to strike out a claim for abuse of process on the basis of Summers v Fairclough in circumstances where final judgment had already been handed down. There are already established methods of challenging judgments allegedly obtained by fraud, and these should be utilised instead.

Court of Appeal upholds wide exclusion clause
United Kingdom | 17 July 2018

The Court of Appeal has held that a remarkably broad exclusion clause was not unreasonable within the framework of the Unfair Contract Terms Act 1977. The judgment includes a discussion of various factors which the court will take into account when deciding such cases.

Preserving costs consequences of a settlement offer – a cautionary tale
United Kingdom | 03 April 2018

The High Court recently heard an appeal regarding the costs consequences of a withdrawn Part 36 offer where a second offer was made and neither was beaten at trial. In holding that costs flowed from the second offer only, the court provided useful guidance on how to structure multiple offers so that a party's original costs protection is preserved.