Litigation Notes

Article published: The interplay between data protection rules and civil litigation procedure - some judicial guidance (finally)

It is now more than five years since the GDPR propelled the issue of data protection into the forefront of legal practitioners' minds. Alongside …

Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments

The Supreme Court last week handed down its seminal judgment in Philipp v Barclays Bank UK plc [2023] UKSC 25, considering the application of …

Appeals against findings of foreign law: Privy Council explains spectrum approach

Anti-suit injunction granted to protect English-domiciled employee's right to be sued only in English court and prevent US employer suing in New York

Liability caps: importance of clear drafting

A recent High Court decision on the proper construction of a contractual liability cap reminds us of the importance of clear and coherent drafting both …

Part 36 offers to settle: very high claimant offer did not bring costs benefits as not a genuine attempt to settle

Litigation developments: England and Wales - Quarterly update

Commercial Court finds indemnities covered negligence where no express reference

Freezing orders: applicants (including liquidators) face high hurdle to justify cap on cross-undertaking in damages

The Court of Appeal has set aside a freezing order obtained by a provisional liquidator within winding up proceedings, on the basis that the …

UK listing and prospectus regime reform: potential impact on securities litigation

The FCA has proposed a revolutionary restructuring of the UK listing framework in its consultation paper published in May 2023, as summarised in our …

Regime change - France to usher in new era for class actions

The French National Assembly has adopted legislation aimed at simplifying and harmonising the country's fragmented class actions framework. Subject to …

Asymmetric jurisdiction clauses: French court refers questions of validity to CJEU