Litigation Notes

Court of Appeal rejects second major attempt at a climate-related derivative action

In July 2023, the Court of Appeal dismissed an application by members of a pension scheme to bring a derivative action against the directors of the …

Litigation funders not required to fortify cross-undertakings in dispute over enforceability of funding agreement

Commercial litigation podcast series – Episode 21: General update

Global perspectives on climate disputes – A recent history of shareholder claims

Litigation funding agreement may be enforceable in part despite Paccar decision: High Court finds there is "serious issue to be tried"

High Court finds that lender suffered no loss despite negligent valuation of security

The High Court has dismissed a lender’s claim against a valuer for breach of contract and/or negligence in relation to the valuation of security for a …

Article published - Quasi anti-suit injunctions: unenforceable in the EU on grounds of public policy

The Court of Justice of the European Union has held that an English High Court judgment awarding damages against a party that breached an exclusive …

Class Actions in England and Wales podcast series: Episode 9 – Looking forward

Coming to Life – Germany ushers in EU class actions directive

The Consumer Rights Enforcement Act (Verbraucherrechtedurchsetzungsgesetz) (VDuG) came into force in Germany on 13 October 2023, completing the long …

Redactions for privilege, irrelevance and public interest immunity, and waiver of privilege: High Court provides guidance

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called "test case"

Negligence claim against accountants can proceed to trial despite contractual disclaimer