Litigation Notes

Court of Appeal confirms regulations governing Damages-Based Agreements (DBAs) do not preclude terms providing for payment of time costs on termination, nor do they preclude hybrid arrangements

The Court of Appeal has confirmed that a Damages-Based Agreement, or DBA, can include a clause which entitles the legal representative to payment on a …

Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case

The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and …

Article published - Does the Hague Choice of Court Convention 2005 apply to asymmetric jurisdiction clauses?

Court of Appeal decision clarifies when new claims can be introduced after limitation has expired

The Court of Appeal has held that parties seeking to introduce a new claim after the expiry of the relevant limitation period cannot rely on previously …

Supreme Court changes law on when time starts to run for limitation purposes in a claim to recover money paid under a mistake of law

In the latest decision in the long-running Franked Investment Income (“FII”) Group Litigation, the Supreme Court has held that, for a claim to recover …

High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice

The High Court has held that a party who stated in documentation before the court that a particular issue had not been discussed with its lawyers, in …

Court of Appeal finds asymmetric clauses are exclusive jurisdiction clauses for purposes of recast Brussels Regulation and considers nature of such clauses under Hague Convention 2005

The Court of Appeal has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels …

A litigator's yearbook 2020 (England and Wales)

Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues

On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition …

Disputes after the end of the Brexit transition period: where are we now?

Witness evidence reforms approved in principle and likely to come into force April 2021

Proposals for a new Practice Direction and Appendix governing the preparation of witness statements for trials in the Business and Property Courts, which …

Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification

Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action …