Litigation Notes

High Court considers reliance in shareholder class action under s.90A of FSMA in context of split trial application

Court of Appeal rejects novel duty of care to protect employees from economic loss arising from a criminal conviction in the performance of duties

The Court of Appeal has dismissed the appeal of a bank employee, finding that the bank did not owe a novel duty to take reasonable care to avoid the risk …

Italy to enact EU class action framework

The Italian Government has recently approved the draft legislative decree (Draft Bill) for the translation into domestic law of the EU Collective …

Drafting contracts - key lessons from 2022

Court of Appeal confirms refusal of anti-suit injunction to restrain US s.1782 discovery application in libel proceedings

The Court of Appeal has upheld a decision refusing to grant an anti-suit injunction to restrain a US s.1782 discovery application seeking evidence in …

Supreme Court decision gives further clarity on claims by distressed companies against directors

Although not directly concerned with directors' liabilities, the recent Supreme Court judgment in Stanford International Bank Ltd v HSBC Bank PLC [2022] …

High Court allows claim in respect of secret commissions to proceed as "opt-out" representative action under CPR 19.6

High Court refuses anti-suit injunction to restrain US s.1782 discovery application in relation to English libel proceedings

Self-proclaimed creator of Bitcoin can proceed with claim that Bitcoin branch networks breach his intellectual property rights

European Court expands scope of legal professional privilege under EU law

In a recent ruling on a preliminary reference, the Court of Justice of the EU (CJEU) clarified that legal professional privilege under EU law applies to …

Bolstering class actions in Germany: The current state of play

The German Federal Ministry of Justice has introduced a first draft bill to enact the EU Collective Redress Directive, more than a month after a …

High Court finds UK sanctions do not preclude entry of judgments in favour of Russian sanctioned parties