Litigation Notes

Navigating UK sanctions against Russian persons in English court proceedings

The UK is one of many countries which have introduced extensive sanctions against Russia, its individuals and entities in light of the military action in …

2019 Hague Judgments Convention comes into force in September 2023 but (for now) only between EU and Ukraine

High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance

New edition of Chancery Guide in force

A new edition of the Chancery Guide was published and came into force on 29 July, just before the start of the summer court recess. The first new edition …

Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and "failure of basis"

The Court of Appeal has dismissed appeals against the grant of summary judgment to commercial landlords for payment of accrued rent in two cases where …

Court of Appeal considers when director liable as accessory to a tort committed by a company

Disclosure Pilot Scheme to take effect as permanent new Practice Direction from 1 October 2022, with no substantial changes

The Disclosure Pilot Scheme, which has been operating in the Business and Property Courts since January 2019, is to be incorporated into the Civil …

Court of Appeal considers approach to damages for breach of warranty and deceit in context of share sale

Court of Appeal considers iniquity exception to privilege

Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …

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 …