Litigation Notes

The Law of Solicitors' Liabilities, Fourth Edition published

The Law of Solicitors' Liabilities, Fourth Edition, previously known as Solicitors' Negligence and Liability, has recently been released. The …

High Court finds claims arising out of oil spill cannot proceed as representative action under CPR 19.6

In a recent decision, the High Court has struck out the representative element of a claim purportedly brought on behalf of large numbers of Nigerian …

Supreme Court clarifies proper approach to assessing weight of evidence where court finds serious possibility (but not probability) it was obtained by torture

Defendant awarded its costs where claimant failed to beat withdrawn Part 36 offer, as the offer should have been accepted when it was on the table

In circumstances where a claimant failed to beat a defendant’s Part 36 offer, the High Court has granted the defendant a favourable costs order, very …

Split trials, supplemental statements and the need for relief from sanctions

The judgment from the pre-trial review in the long-running Tesco Litigation (a securities class action) has illustrated the need for clarity as to the …

Court of Appeal gives wide interpretation to “damage” for the purposes of the common law jurisdictional gateway for tort claims

The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort …

High Court interprets Supreme Court guidance and refuses further provision of trial documents to non-party

This case marks the latest instalment in the Dring litigation, in which the Asbestos Victims Support Groups Forum UK (“the Forum”) is seeking access to …

Privy Council finds loss of profits under separate contract not too remote to be recoverable

On an appeal from the Court of Appeal of the British Virgin Islands, the Privy Council has considered the damages that should have been awarded to a …

Disclosure pilot scheme extended to the end of 2021

Article published - Damages-based agreements and termination: a small chink of light

Damages-based agreements (or DBAs), under which a lawyer can receive an agreed percentage of any damages in the event of success, were introduced to …

Supreme Court confirms existence and scope of “reflective loss” rule

The Supreme Court’s judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31 has been eagerly anticipated by financial institutions and brings much …

Article published – Wasted breath? Insolvency reforms in response to Covid-19

The Corporate Insolvency and Governance Act 2020 introduces sweeping insolvency reforms in response to the business impacts of Covid-19, designed "to …