Litigation Notes

Supreme Court considers principles relating to remoteness in the tort of negligence

Security for costs: High Court rejects parent company guarantee in favour of payment into court

In the context of a claim by a Russian company against two banks for failing to pay sums due under on-demand bonds, the High Court has allowed the banks’ …

Court of Appeal clarifies when a party in breach of a court rule or order must apply for relief from sanctions

Court of Appeal considers duties owed by solicitors operating advice helplines

Competition collective proceedings: broad right of appeal and no general prohibition on communications between defendants and class members

In December the Court of Appeal issued a key decision on the developing competition class action regime in the Competition Appeal Tribunal (CAT), in the …

High Court finds limitation clause effective to limit liability for dishonest breaches of contract

Court of Appeal decision on litigation privilege for non-parties, legal advice privilege for investigations, and the iniquity exception

Environmental litigation: Group claims must proceed as "global claims" unless individual claimants' losses tied to specific oil spills

High Court refuses Norwich Pharmacal disclosure order in aid of foreign proceedings

In a significant recent decision, the High Court refused to grant a ‘Norwich Pharmacal’ disclosure order (NPO) on the grounds that the information was …

Representative actions: Court of Appeal decision gives go ahead for secret commissions claim, but suggests only limited issues may be dealt with on "opt-out" basis

Competition Appeal Tribunal finds funding agreement based on multiple not a DBA, despite express cap by reference to proceeds

Court of Appeal refuses to strike out unfair prejudice petition seeking relief in favour of the company