Litigation Notes

UK Jurisdiction Taskforce consults on draft legal statement on liability for AI harms

Commercial Court dismisses application for stay on basis of English jurisdiction clause and forum non conveniens waiver clause

Court of Appeal upholds contractual limits on challenging enforcement action in cross-border finance transaction

The decision reaffirms that the English court is willing to enforce contractual provisions that give up valuable legal rights, provided the language used …

Supreme Court considers approach to interpretation of industry-wide standard form contracts

The decision confirms the limits on termination for repeated defaults under JCT construction contract.

Supreme Court reshapes UK competition class actions landscape

The Supreme Court has held that the FX class action cannot proceed on an "opt-out" basis, overturning the Court of Appeal's decision.

Commercial Court finds no implied term necessary to give business efficacy where agreement allocated risk between the parties

Government to legislate for enforceability of litigation funding agreements based on a share of damages

Navigating legal privilege issues when using AI

A Litigator's Yearbook and a broader Disputes Yearbook for 2025

Court of Appeal clarifies scope for claims against foreign third parties for assisting breaches of freezing orders

The decision confirms that claims for unlawful means conspiracy can be brought against individuals outside the court’s jurisdiction who facilitate …

Supreme Court clarifies liability for equitable compensation for breach of fiduciary duty

The decision confirms that fiduciary liability attaches to those who act as fiduciaries in substance, even if their formal powers have lapsed, and that …

Court of Appeal recognises "onerous clause doctrine" where terms are incorporated by reference

However, the decision suggests that a high threshold will be applied, particularly in a commercial context