Litigation Notes

Competing class actions in the Competition Appeal Tribunal: no preliminary ruling on carriage issue

In a recent ruling in the Forex litigation, the Competition Appeal Tribunal (CAT) has held that the question of which of two competing applicants can …

Video published – Brexit: choosing a jurisdiction clause during the transition period

Anna Pertoldi has published a video for Practical Law in which she discusses the issues to consider when choosing a jurisdiction clause during the Brexit …

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 …

Commercial litigation podcast series - Episode 2: The impact of COVID-19

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

Video published - Brexit: jurisdiction and enforcement of judgments during and after the transition period

Anna Pertoldi has published a video for Practical Law in which she considers jurisdiction and enforcement of judgments during and after the Brexit …

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 …