Litigation Notes

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

Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to wait

Court of Appeal clarifies restrictions on adding new claims to existing claim form despite arguable limitation defence

Legal professional privilege: High Court finds no privilege in identity of third party that provided lawyers with document for purpose of litigation

Agreements to agree: High Court finds pricing mechanism subject to agreement rendered sale of goods contract partially unenforceable

European Law Institute publishes principles governing third party litigation funding