Litigation Notes

Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and "failure of basis"

The Court of Appeal has dismissed appeals against the grant of summary judgment to commercial landlords for payment of accrued rent in two cases where …

Court of Appeal considers when director liable as accessory to a tort committed by a company

Disclosure Pilot Scheme to take effect as permanent new Practice Direction from 1 October 2022, with no substantial changes

The Disclosure Pilot Scheme, which has been operating in the Business and Property Courts since January 2019, is to be incorporated into the Civil …

Court of Appeal considers approach to damages for breach of warranty and deceit in context of share sale

Court of Appeal considers iniquity exception to privilege

Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …

Data Objects: Law Commission of England & Wales proposes new category of personal property

On 28 July 2022, the Law Commission of England and Wales published a consultation paper on the recognition and protection of digital assets. …

Latest split trial decision in securities class action under s.90A FSMA

The High Court has held that reliance issues should be heard at the second trial, with defendant liability issues to be heard in the first, in a claim …

Court of Appeal overturns decision striking out class action arising from 2015 collapse of Fundão Dam in Brazil

The Court of Appeal has held that claims brought in the English court by over 200,000 claimants arising out of the 2015 collapse of the Fundão Dam …

Competition Appeal Tribunal considers when there is a dispute sufficient to give rise to without prejudice privilege

Court of Appeal confirms Damages-Based Agreements (DBAs) are not for defendants

The Court of Appeal has confirmed that Damages-Based Agreements (or DBAs) cannot be used by defendants as, under s.58AA of the Courts and Legal Services …

Force majeure and Covid-19: High Court decision turns on specific wording of FM clause