Litigation Notes

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 …

Lloyds/HBOS litigation: judgment on costs and permission to appeal

The High Court has handed down judgment on costs issues and an application for permission to appeal, following on from the court's rejection last year of …

Catalyst // Pressure Points: Disputes risks - new guide on dispute risks arising out of the Covid-19 pandemic

Herbert Smith Freehills has published a new guide exploring a number of areas in which we anticipate that disputes may arise around the globe as a result …

Part 36 offer to accept 0.3% less than total amount claimed constituted genuine offer to settle

A claimant’s offer to accept a sum which was just 0.3% less than the amount of the total claim constituted “a genuine attempt to settle the proceedings” …

Defining your liability in advance: Liquidated damages, limitation and exclusion clauses

Default judgment set aside where claim served at closed offices during Covid-19 lockdown

The High Court has set aside default judgment obtained against a defendant Council where the claim form and particulars were posted to its offices …

High Court holds claim against anchor defendant must satisfy merits test if it is to be used to establish jurisdiction against co-defendants under recast Brussels Regulation

The High Court has held that the English court will only have jurisdiction against a co-defendant under article 8(1) of the recast Brussels Regulation …