Litigation Notes

Data Objects: Law Commission of England & Wales proposes new category of personal property

On 28 July 2022, the Law Commission of England and Wales published a consultation paper on the recognition and protection of digital assets. …

Latest split trial decision in securities class action under s.90A FSMA

The High Court has held that reliance issues should be heard at the second trial, with defendant liability issues to be heard in the first, in a claim …

Court of Appeal overturns decision striking out class action arising from 2015 collapse of Fundão Dam in Brazil

The Court of Appeal has held that claims brought in the English court by over 200,000 claimants arising out of the 2015 collapse of the Fundão Dam …

Competition Appeal Tribunal considers when there is a dispute sufficient to give rise to without prejudice privilege

Court of Appeal confirms Damages-Based Agreements (DBAs) are not for defendants

The Court of Appeal has confirmed that Damages-Based Agreements (or DBAs) cannot be used by defendants as, under s.58AA of the Courts and Legal Services …

Force majeure and Covid-19: High Court decision turns on specific wording of FM clause

High Court considers when recast Brussels Regulation continues to apply in transitional cases

The High Court has considered when the rules in the recast Brussels Regulation will continue to apply to English proceedings commenced post-Brexit: Simon …

High Court grants freezing injunction in relation to stolen non-fungible tokens (NFTs)

Adding to the run of recent cases involving fraud or theft of cryptoassets, the High Court has granted an order restraining "persons unknown" from …

High Court finds termination clause requiring written notice posed no bar to implied novation

Courts have new powers to allow remote observation of hearings

From today, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely, under new s.85A of the …

Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC

Supreme Court clarifies test for re-opening judgment before order is sealed