Litigation Notes

High Court finds that lender suffered no loss despite negligent valuation of security

The High Court has dismissed a lender’s claim against a valuer for breach of contract and/or negligence in relation to the valuation of security for a …

Article published - Quasi anti-suit injunctions: unenforceable in the EU on grounds of public policy

The Court of Justice of the European Union has held that an English High Court judgment awarding damages against a party that breached an exclusive …

Coming to Life – Germany ushers in EU class actions directive

The Consumer Rights Enforcement Act (Verbraucherrechtedurchsetzungsgesetz) (VDuG) came into force in Germany on 13 October 2023, completing the long …

Redactions for privilege, irrelevance and public interest immunity, and waiver of privilege: High Court provides guidance

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called "test case"

Negligence claim against accountants can proceed to trial despite contractual disclaimer

Trilogy of decisions shows English courts' approach to granting anti-suit injunctions in support of foreign-seated arbitrations

The Court of Appeal and High Court have, in two separate cases, granted anti-suit injunctions (ASIs) restraining a Russian party from bringing …

Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the "ownership and control" test

Climate disputes – A 360-degree perspective

Regime of fixed recoverable costs now in force for claims up to £100,000

The new rules for fixed recoverable costs (FRC) took effect from 1 October, following on from the government's announcement as far back as September 2021 …

Foreign judgment enforceable at common law despite legislative change making it unenforceable in state of origin

Litigation developments: England and Wales – Quarterly update