Litigation Notes

Supreme Court finds no entitlement to payment in circumstances not addressed by express contractual terms   

The Supreme Court has, by a majority, allowed an appeal against a Court of Appeal judgment (considered here) that granted an award for unjust enrichment …

Is the decentralised governance of Bitcoin a myth? Court of Appeal finds real issue to be tried as to whether developers owe fiduciary duties to Bitcoin owners

Insurance & Professional Risks Annual Review published

Spanish government unveils comprehensive class action bill

Spain's Ministry of Justice has recently published a Draft Bill on representative actions for the protection of the collective interests of consumers, …

English High Court holds English court judgments can be enforced in the United Arab Emirates

In the context of an application for security for costs on the basis that the claimant was resident in the United Arab Emirates ("UAE"), the High Court …

Article published - Massive overdisclosure: bucking the trend

A recent High Court decision has gone against the trend of more than two decades of disclosure reform, in which the aim has generally been to reduce the …

Court of Appeal finds disclosure to party's US lawyers breached embargo on draft judgment, but no further steps taken

The Court of Appeal has held that, where a judgment was provided in draft to parties and their legal representatives under embargo in advance of being …

High Court considers application of gateways for service out of the jurisdiction to cryptoassets removed from the jurisdiction

Supreme Court strikes out Quincecare claim where no loss suffered by insolvent Ponzi scheme

The Supreme Court has upheld the Court of Appeal's decision to strike out a claim brought by the liquidators of a Ponzi scheme against its correspondent …

Court of Appeal finds limitation period may start to run before deadline for payment of debt

High Court decision shows need for clear evidence if trying to prevent use of privileged material disclosed in error

In a recent decision, the High Court has refused an injunction to prevent the claimants' use of privileged material which the defendants claimed to have …

Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect