Litigation Notes

Late amendments to statements of case: helpful guidance from the Court of Appeal

A recent Court of Appeal decision clarifies how the court should exercise its discretion in considering an application to amend that is brought late, but …

English court orders crypto exchange to transfer assets into England and Wales to facilitate enforcement of judgment

Court of Appeal provides further clarification on the limitation period in fraud claims

A recent Court of Appeal decision has added to the case law considering the operation of section 32(1)(a) of the Limitation Act 1980, under which the …

Data class actions: claim for misuse of private information could not be brought as "opt-out" representative action

Supreme Court finds no continuing nuisance simply because polluting substance remains on claimants' land

A recent Supreme Court decision has confirmed the orthodox position in relation to how the law of limitation applies to claims in private nuisance, in …

High Court refuses permission for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directors

Costs reforms: proposed changes to costs budgeting, guideline hourly rates and pre-action costs

Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. …

Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application

Retained EU Law: no sweeping sunset at the end of the year

The Government has announced a change of plan on the abolition of retained EU law and its replacement by purely domestic law. This is reflected in …

Group litigation orders: binding effect of decisions in test cases

High Court sets aside interim proprietary injunction against cryptocurrency exchange Binance

The High Court has discharged an interim proprietary injunction against the cryptocurrency exchange Binance which required it to preserve certain …

Privilege not lost where email containing legal advice found on employee's work laptop