Litigation Notes

Reasonableness of exclusion clause under UCTA: Equality of commercial bargaining strength does not necessarily mean equality of bargaining strength as to contract terms

High Court strikes out novel bid to bring securities class action using CPR 19.8 representative action as "opt-in" procedure

High Court confirms that conscious “awareness” of a representation is an essential (and distinct) element to a claim for misrepresentation

The High Court has confirmed that a claimant’s conscious awareness or understanding of an implied representation is an essential element for a claim for …

Climate disputes - Greenwashing dispute risks - International perspectives

Fuelled by the global spread of ESG and climate-related disclosure obligations and coupled with pressures from increasingly ESG-driven stakeholders, …

Court of Appeal interprets warranty that there had been no material adverse change in company's prospects and highlights need for careful compliance with notice provisions

Supreme Court finds court must generally accept uncontroverted expert evidence

Courts can compel parties to engage in ADR: Court of Appeal finds comments to the contrary in Halsey not binding

In a landmark decision handed down today, the Court of Appeal has held that the court can order the parties to engage in ADR, or stay the proceedings to …

CPR 19.8 representative action: "bifurcated process" adopted in claim by bank against representative defendant

Company not ordered to disclose privileged documents to shareholders in context of late application in securities class action

Good news for enforcement of English judgments: UK to join Hague Judgments Convention 2019

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