Litigation Notes

Opt-out competition class action rejected due to unsuitability of proposed class representative (PCR)

The decision shows that the CAT will scrutinise the funding arrangements and the PCR's ability to ensure proceedings are conducted in the best interests …

Commercial Court declares arbitral tribunal lacks jurisdiction following bank's invocation of asymmetric option clause

This is a rare example of the English court considering a clause that provides for arbitration with a unilateral option to require disputes to be heard …

Cross-border insolvency: High Court balances interests of liquidators and former management in determining applications for information

Hague 2005 Choice of Court Convention now applies to Switzerland

Competition class actions: First case to go to trial ends in failure

Judgment in Le Patourel v BT is first test of collective proceedings regime, but may do little to decrease funders' appetites to invest.

Norwich Pharmacal order refused where it would expose recipient to risk of criminal liability under foreign law

The decision highlights a key limitation on the use of such orders to obtain information from foreign third parties.

Data class actions: Court of Appeal upholds decision blocking "opt-out" representative action for misuse of private information

Court of Appeal finds claimants cannot be forced to pursue claims for environmental damage as "global claims"

From Cold to Bold: DIFC Court of Appeal Warms Up to Freezing Orders in Support of Pending Foreign Judgments

Group litigation orders: Court of Appeal considers binding effect of decisions in test cases

Transparency and Open Justice Board publishes proposed key objectives

Jurisdiction clauses: High Court finds English courts have exclusive jurisdiction under bespoke ISDA clause

The decision illustrates the court's approach where there are questions as to the validity and interpretation of a jurisdiction clause.