Litigation Notes

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 …

Article published - Funders’ liability for adverse costs: scrapping the cap

As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called …

High Court finds "control" for the purposes of disclosure includes third party documents that the litigating party can access under a standing consent short of an enforceable right

In a recent decision, the High Court found that the documents of two of the defendant's subsidiary companies were within its "control" for the purposes …

Master finds privilege does not apply to documents held in solicitors' client files due to the fraud exception

High Court orders security for costs against member of Association of Litigation Funders  

In a recent decision in the group litigation brought in respect of the Ingenious Media film partnerships, the High Court has granted the defendants’ …

Is coronavirus likely to be a valid basis for avoiding contractual obligations?

With the continuing rise in the number of cases of novel coronavirus worldwide, in addition to obvious implications of the outbreak for individuals, …

New Brexit podcast - The implications of Brexit for choice of law, jurisdiction and the enforcement of judgments

In the latest episode of our Brexit podcast series, Anna Pertoldi and Maura McIntosh look at the implications of Brexit for choice of law, jurisdiction …

Article published - Legal advice privilege: a dominant purpose test, but to what end?

The Court of Appeal's recent decision in The Civil Aviation Authority v The Queen on the application of Jet2.com Ltd [2020] EWCA Civ 35 found that legal …

Proceedings time barred where claim form issued but not served during applicable foreign limitation period