Litigation Notes

High Court finds time does not stop running for limitation purposes when a company enters administration

Drafting contracts - key lessons from 2024

Our Corporate team’s recently published annual contract law update briefing considers a number of interesting contract law cases from …

Commercial litigation podcast series – Episode 29: Class actions

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