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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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