Litigation Notes

High Court confirms refusal of permission for ClientEarth derivative action against Shell directors

Warranty & Indemnity insurance: claim failed as no breach of warranty established

In a recent judgment, the High Court has dismissed a claim under a Warranty & Indemnity (W&I) insurance policy on the basis that the policyholder …

Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case

The Commercial Court has refused to enforce a foreign-seated arbitration award on the grounds that to do so would be contrary to public policy, including …

Transactions defrauding creditors: Court of Appeal favours wide interpretation of s.423 Insolvency Act 1986

Article published: The interplay between data protection rules and civil litigation procedure - some judicial guidance (finally)

It is now more than five years since the GDPR propelled the issue of data protection into the forefront of legal practitioners' minds. Alongside …

Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments

The Supreme Court last week handed down its seminal judgment in Philipp v Barclays Bank UK plc [2023] UKSC 25, considering the application of …

Appeals against findings of foreign law: Privy Council explains spectrum approach

Anti-suit injunction granted to protect English-domiciled employee's right to be sued only in English court and prevent US employer suing in New York

Liability caps: importance of clear drafting

A recent High Court decision on the proper construction of a contractual liability cap reminds us of the importance of clear and coherent drafting both …

Part 36 offers to settle: very high claimant offer did not bring costs benefits as not a genuine attempt to settle

Litigation developments: England and Wales - Quarterly update

Commercial Court finds indemnities covered negligence where no express reference