Litigation Notes

Supreme Court finds no continuing nuisance simply because polluting substance remains on claimants' land

A recent Supreme Court decision has confirmed the orthodox position in relation to how the law of limitation applies to claims in private nuisance, in …

High Court refuses permission for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directors

Costs reforms: proposed changes to costs budgeting, guideline hourly rates and pre-action costs

Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. …

Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application

Retained EU Law: no sweeping sunset at the end of the year

The Government has announced a change of plan on the abolition of retained EU law and its replacement by purely domestic law. This is reflected in …

Group litigation orders: binding effect of decisions in test cases

High Court sets aside interim proprietary injunction against cryptocurrency exchange Binance

The High Court has discharged an interim proprietary injunction against the cryptocurrency exchange Binance which required it to preserve certain …

Privilege not lost where email containing legal advice found on employee's work laptop

Court of Appeal rejects claim for success fee where contractual trigger for payment had not happened

Data protection rules in the context of litigation disclosure: some High Court guidance

Court of Appeal upholds decision that no duty owed to investors by barrister advising scheme promoter

The Court of Appeal handed down judgment on Friday in David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, unanimously dismissing the …

Expert witnesses: High Court grants permission for change of experts on condition of disclosure of certain documents prepared by the experts or recording their views

A recent decision illustrates how the court will exercise its discretion in considering whether to grant permission to substitute a new expert, and …