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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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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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