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25 May 2018 / Ben Amunwa
Issue: 7794 / Categories: Features , Procedure & practice
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Caught in the middle

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Game playing should be avoided if civil litigators learn of opponents’ mistakes while trying to serve clients’ interests. Benjamin Amunwa reports.

  • The High Court has held that parties to a litigation may be under a duty to correct their opponent’s mistakes or misunderstandings if doing so furthers the overriding objective.

Woodward and Addison v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) was a contractual claim worth over £5m, brought by the assignees of two insolvent companies.

The contract was made on 20 June 2011 for the purchase of a drug. The claimants alleged that Phoenix had sold them the product as a generic drug, in breach of an existing patent to Pfizer.

As the alleged breach and/or misrepresentation had occurred at the time the contract was entered into, the claim was due to be time barred on 20 June 2017. The claimants issued the claim form on the eve of limitation (19 June 2017) and the usual rule (CPR 7.5(1)) required them to serve the claim form on the defendant within four months

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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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