Litigation Notes

Supreme Court changes law on when time starts to run for limitation purposes in a claim to recover money paid under a mistake of law

In the latest decision in the long-running Franked Investment Income (“FII”) Group Litigation, the Supreme Court has held that, for a claim to recover …

High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice

The High Court has held that a party who stated in documentation before the court that a particular issue had not been discussed with its lawyers, in …

Court of Appeal finds asymmetric clauses are exclusive jurisdiction clauses for purposes of recast Brussels Regulation and considers nature of such clauses under Hague Convention 2005

The Court of Appeal has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels …

A litigator's yearbook 2020 (England and Wales)

Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues

On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition …

Disputes after the end of the Brexit transition period: where are we now?

Witness evidence reforms approved in principle and likely to come into force April 2021

Proposals for a new Practice Direction and Appendix governing the preparation of witness statements for trials in the Business and Property Courts, which …

Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification

Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action …

Terminating your contract: When can you call it quits?

Class actions in Italy: a second wave of reform

Although a decade has passed since the introduction of class actions in Italy, only a handful of actions have been brought before the Italian …

Managing risk: A disputes perspective (2020)

Iniquity exception to privilege applied where documents were created by solicitor in connection with breach of director’s duties

The High Court has granted an application for the production and disclosure of documents, previously withheld by the defendants during proceedings, on …