Litigation Notes

Trilogy of decisions shows English courts' approach to granting anti-suit injunctions in support of foreign-seated arbitrations

The Court of Appeal and High Court have, in two separate cases, granted anti-suit injunctions (ASIs) restraining a Russian party from bringing …

Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the "ownership and control" test

Climate disputes – A 360-degree perspective

Regime of fixed recoverable costs now in force for claims up to £100,000

The new rules for fixed recoverable costs (FRC) took effect from 1 October, following on from the government's announcement as far back as September 2021 …

Foreign judgment enforceable at common law despite legislative change making it unenforceable in state of origin

Litigation developments: England and Wales – Quarterly update

Correspondence about possibility of ADR was not "without prejudice" despite being marked as such

Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider more flexible bespoke protocol for commercial cases

The Civil Justice Council (CJC) has issued a report recommending substantial changes to the regime of pre-action protocols (PAPs) which parties are …

Supreme Court clarifies when a stay of court proceedings will be granted in favour of arbitration under s.9 Arbitration Act 1996

A recent Supreme Court decision has clarified the English courts’ approach to determining whether a matter falls within the scope of an arbitration …

Class Actions in England and Wales podcast series: Episode 8 - Employment

High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim

In a recent case, the High Court has had one of its first opportunities to consider BTI v Sequana [2022] UKSC 25 (see our previous update here), in which …

Exclusion clauses: High Court finds claim for "charges unlawfully avoided" fell within contractual exclusion for loss of anticipated profits