Litigation Notes

Managing risk: A disputes perspective (2020)

Iniquity exception to privilege applied where documents were created by solicitor in connection with breach of director’s duties

The High Court has granted an application for the production and disclosure of documents, previously withheld by the defendants during proceedings, on …

Our annual disputes client conference - Managing risk: A disputes perspective

Shaping the boundaries of collective redress in Germany - a glimpse of the future under an EU representative action regime?

In a decision that will help shape the boundaries of collective redress in Germany, the country's highest civil court has dismissed a claim …

How far can UK courts depart from EU case law?

On 31 December 2020, when the transition period provided for in the Withdrawal Agreement between the EU and the UK comes to an end, EU law will cease to …

Court of Appeal finds no binding settlement reached, emphasising importance of "subject to contract" label

In a recent decision, the Court of Appeal has overturned a deputy judge's decision that a binding settlement agreement had been reached in …

Commercial litigation podcast series – Episode 5: General update

Court of Appeal construes Farm-Out Agreement and Joint Operating Agreement together as a cohesive whole

The Court of Appeal has dismissed an appeal against a decision interpreting the provisions of a Farm-Out Agreement for the sale of an interest in two oil …

High Court strikes out claims against BHP as an abuse of process in light of parallel claims in Brazil

The English High Court has struck out the claims of over 200,000 claimants against two companies in the BHP Group (domiciled in England and Australia …

Class action reform in France: Necessary, but debatable

Proposals for a new, general regime for class actions in France were recently presented to the French National Assembly. If accepted, the new regime will …

Article published - Jurisdiction clauses and service out post-Brexit: a welcome rule change

Supreme Court applies Patel v Mirza to reject illegality defence to solicitors' negligence claim where claimant had engaged in mortgage fraud

The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a claim against her solicitors for negligently …