Litigation Notes

Court of Appeal clarifies when disputes re formation/validity of contract containing arbitration clause may fall to be determined by the courts

A recent Court of Appeal decision provides useful guidance on disputes about the validity of the underlying contract where that contract contains an …

Information orders granted against cryptocurrency exchanges to help trace stolen cryptocurrency

UK government consults on joining Hague Judgments Convention 2019

The UK government yesterday launched a consultation seeking views on its plan for the UK to become a contracting state to the Hague Convention of 2019 on …

A litigator’s yearbook 2022 (England and Wales)

High Court orders delivery up of stolen Bitcoin against crypto exchange

The High Court held, on an uncontested summary judgment application, that the crypto exchange controlling the wallet into which the claimant's stolen …

Court can refuse to accept a party's undertakings as part of settlement

What the Crypto Winter means for insolvency

There has been no shortage of high-profile insolvencies in the crypto market in recent months across a range of market participants and geographies. …

Anti-suit injunction granted restraining proceedings in an EU member state

The Commercial Court has granted an anti-suit injunction restraining Belgian proceedings brought in breach of an exclusive English jurisdiction clause: …

Managing risk: A disputes perspective (2022)

Our annual disputes client conference, held on Tuesday 22 November, was chaired by partner and global head of our insurance disputes practice Paul Lewis. …

Contractual duties of good faith: Court of Appeal confirms context is king

Court of Appeal confirms reflective loss rule will bar claims of former shareholders of a dissolved company because the principle must be determined at time of alleged loss

The Court of Appeal has upheld a decision of the High Court to strike out a claim by the former shareholders of a dissolved company against an investor …

High Court declines to impose disclosure conditions on party wishing to replace expert as no "expert shopping" had taken place