Litigation Notes

Court of Appeal provides guidance as to when court may refuse to accept party's undertakings as part of settlement

The Court of Appeal has unanimously allowed an appeal against a judge's decision refusing to accept certain undertakings agreed between the parties to a …

UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector

The UK government has announced that it is proceeding with plans to introduce compulsory mediation as a mandatory procedural step in all Small Claims in …

Commercial litigation podcast series – Episode 20: General update

Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable

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