Litigation Notes

High Court confirms Damages-Based Agreements (DBAs) cannot be used by defendants

In a recent decision, the High Court has confirmed that a Damages-Based Agreement, or DBA, will not be enforceable if it purports to entitle the legal …

Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents

High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …

European Commission recommends that EU reject UK bid to join Lugano Convention

Court of Appeal confirms application of Duomatic principle to beneficial shareholders

In a recent decision, the Court of Appeal has followed last year’s Privy Council decision in Ciban Management Corpn v Citco (BVI) Ltd [2020] UKPC 21 …

Court of Appeal overturns decision that suggested damages might be calculated differently where claimant is hopelessly insolvent

The Court of Appeal has struck out Quincecare duty and dishonest assistance claims brought by the liquidators of a company operating a Ponzi scheme …

Parent companies' documents found to be in subsidiaries' control for disclosure purposes

The High Court has found that documents held by the claimants' parent companies, and individuals connected with those entities, were within the …

Court of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalid

Herbert Smith Freehills to participate in London International Disputes Week

London International Disputes Week 2021 (LIDW21) comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit …

High Court implies term into settlement agreement enabling claims against remaining parties to continue

In the context of claims relating to an allegedly fraudulent investment scheme, the High Court has held that a settlement agreement reached between the …

UK's bid to join Lugano Convention: no decision yet

High Court determines that reliance issues in context of a s.90A FSMA claim should be heard at first trial

At a recent case management conference in relation to a claim under section 90A of the Financial Services and Markets Act 2000, the High Court has held …