Litigation Notes

High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months

High Court rejects "price/market reliance" for s.90A and Schedule 10A FSMA claims

This decision is likely to place a significant limit on s.90A/Schedule 10A FSMA claims by "passive" investors who do not actively manage their investment …

Non-party access to court documents: Court of Appeal interprets leading Supreme Court authority

The Rt Hon Lord Sales delivers the 45th Annual FA Mann Lecture in London

The lecture explored the theme of "Purpose in Law and in Interpretation".

Contractual construction vs rectification: High Court judgment illustrates the contrasting approaches

High Court orders payment into court pending outcome of arbitration despite potential breach of US sanctions

The decision illustrates the court's approach to making orders to ensure a fair trial in the face of arguments about potential breaches of foreign …

Insight alert: Dutch Court of Appeal upholds appeal on landmark climate litigation case against Shell

Class Actions radar: Scanning global trends and risks

Court of Appeal finds lenders liable in motor finance broker commission cases

This decision is likely to have ramifications for both the consumer-finance sector and other consumer-facing industries with a business model involving …

Material Adverse Effect clause not triggered by geotechnical event at mine between signing and completion

The without prejudice rule: High Court finds there is no separate "mediation privilege"

The decision also proposes modest expansions to two key exceptions to the without prejudice rule

Civil Justice Council publishes Interim Report and Consultation on Litigation Funding