Litigation Notes

COVID-19 Pressure Points: Supply chain difficulties - new global guide including section on suspension and termination of contracts

Herbert Smith Freehills has published a new global guide on supply chain difficulties arising from the COVID-19 pandemic and associated restrictions. The …

UK applies to join Lugano Convention from end of Brexit implementation period

On 8 April 2020, the UK submitted its application to accede to the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of …

COVID-19 Pressure Points: Force majeure considerations in a potential “second wave” of COVID-19

As many countries contemplate an easing of COVID-19 lockdown restrictions following a downturn in cases, scientists and politicians are warning of the …

COVID-19 Pressure Points: Impact of COVID-19 on class actions (UK)

Court of Appeal finds trustees not entitled to withhold certain privileged documents in response to subject access request from beneficiaries of Bahamian trust

In the most recent chapter of the Dawson-Damer trust litigation, the Court of Appeal has held that a law firm acting for the defendant trustee in the …

High Court affirms orthodox application of directors’ no conflict duty in insolvency

The High Court has ruled that directors breached their duties by taking up the company’s business opportunity for their own benefit, even if the company …

High Court declines to adjourn five-week trial due to COVID-19 pressures

Courts relax rules on agreeing extensions to procedural deadlines in light of COVID-19 disruption

A new Practice Direction (PD 51ZA) took effect yesterday. It is designed to introduce additional flexibility for parties to agree extensions of time …

Morrisons wins Supreme Court appeal against finding of vicarious liability in data breach class action

Today the Supreme Court handed down its decision in Wm Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12, bringing to its conclusion a case …

COVID-19: The evolving picture for remote hearings in the English courts

In our post last Friday, we outlined how the courts were adapting to the challenges posed by the Covid-19 crisis, and in particular the announcement from …

COVID-19 pressure points: Will this be a valid basis for avoiding contractual obligations?

With the continuing rise in the number of cases of COVID-19 worldwide declared to be a …

COVID-19: Impact on civil litigation in England and Wales

With the effects of the COVID-19 outbreak continuing to take hold on nearly all aspects of day-to-day life, what does this mean for the continued …