Litigation Notes

Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply

Revised litigation funding agreement approved for opt-out competition claim: fee based on multiple of funding was not a DBA

High Court grants anti-suit and anti-anti-suit injunctions to restrain Russian proceedings brought by sanctioned parties

The High Court has granted an anti-suit injunction (ASI) to restrain sanctioned counterparties from bringing Russian court proceedings, in breach of a …

Climate disputes - ESG disclosure investigations – Are you ready?

Listed companies across various sectors and industries are grappling with how to manage and disclose ESG issues, particularly relating to climate. These …

Supply chain risk: England not appropriate forum for ESG-related claims against Dyson relating to actions of Malaysian manufacturer

Government proposes legislation to permit funder DBAs in opt-out competition class actions

Law Society publishes report on global position of English and Welsh law

The Law Society of England and Wales has recently launched a new initiative to highlight the attractions of English law and of England and Wales as a …

Climate disputes – Parent company and supply chain risk

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