Litigation Notes

Court considers conflicting dispute resolution provisions in reinsurance contracts

Two recent decisions show the need to pay careful attention to dispute resolution clauses in market standard contracts.

High Court refuses to allow representative action to be brought on behalf of copyright owners in IP case

The decision emphasises the need to be able to determine at all times whether a particular person is part of the represented class.

High Court orders commercial parties to mediate shortly before trial

Court of Appeal rejects attempt to bring securities class action using CPR 19.8 representative action as an "opt-in" procedure

High Court considers whether "success fee" is payable by client to investment bank in respect of capital raise

The High Court found that the contract was ambiguous and the fee was contrary to commercial sense, given the client's parent affiliates ultimately …

Opt-out competition class action rejected due to unsuitability of proposed class representative (PCR)

The decision shows that the CAT will scrutinise the funding arrangements and the PCR's ability to ensure proceedings are conducted in the best interests …

Commercial Court declares arbitral tribunal lacks jurisdiction following bank's invocation of asymmetric option clause

This is a rare example of the English court considering a clause that provides for arbitration with a unilateral option to require disputes to be heard …

Cross-border insolvency: High Court balances interests of liquidators and former management in determining applications for information

Hague 2005 Choice of Court Convention now applies to Switzerland

Competition class actions: First case to go to trial ends in failure

Judgment in Le Patourel v BT is first test of collective proceedings regime, but may do little to decrease funders' appetites to invest.

Norwich Pharmacal order refused where it would expose recipient to risk of criminal liability under foreign law

The decision highlights a key limitation on the use of such orders to obtain information from foreign third parties.

Data class actions: Court of Appeal upholds decision blocking "opt-out" representative action for misuse of private information