Litigation Notes

Court of Appeal considers whether default interest clause is an unenforceable penalty

The decision suggests that a default interest provision is likely to be enforceable so long as it is not extortionate, exorbitant or unconscionable

Collateral use undertakings: High Court grants permission to disclose schedules to claim in response to foreign court order

Privy Council changes English law on the intersection of insolvency and arbitration

The decision means the parties' choice of dispute resolution forum should not impact a creditor's ability to engage the insolvency process where …

Court of Appeal upholds award of penal interest on tort damages under applicable foreign law

High Court finds party has practical control over documents of sub-contractor and sub-sub-contractor for disclosure purposes

High Court considers contractual remedies for failure to transfer cryptocurrency

Court of Appeal finds party cannot avoid paying debt by relying on non-fulfilment of condition precedent caused by its own breach of contract

Competition Appeal Tribunal considers when funders can be paid out of agreed damages following settlement of collective proceedings

The Competition Appeal Tribunal ("CAT") has held that the class representative in the ongoing "Maritime Car …

Retained EU law: Supreme Court clarifies law that applies to pre-Brexit causes of action

Court of Appeal decision on committal for contempt of court

A recent Court of Appeal decision confirms a number of points relating to applications to commit a party for contempt of court, including: Costs …

Asymmetric jurisdiction clauses: High Court enforces exclusive element of clause by anti-suit and anti-enforcement injunctions

The High Court has allowed a bank's application for a final anti-suit injunction (ASI) and anti-enforcement injunction (AEI), aimed at restraining …

Former directors of BHS liable for wrongful trading and misfeasance