Litigation Notes

Employment Appeal Tribunal considers when privilege applies to communications via an agent and to documents evidencing legal advice

A recent Employment Appeal Tribunal decision contains an interesting discussion of some difficult issues relating to legal professional privilege: Moving …

High Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal's control

Part 36 offer to settle "the whole of the claim" did not include claims set out in draft amended pleadings

The UK will join the Singapore Convention – so what now?

The UK government announced last week that it will sign and ratify the Singapore Convention, which establishes a global framework for the direct …

High Court considers reliance in shareholder class action under s.90A of FSMA in context of split trial application

Court of Appeal rejects novel duty of care to protect employees from economic loss arising from a criminal conviction in the performance of duties

The Court of Appeal has dismissed the appeal of a bank employee, finding that the bank did not owe a novel duty to take reasonable care to avoid the risk …

Italy to enact EU class action framework

The Italian Government has recently approved the draft legislative decree (Draft Bill) for the translation into domestic law of the EU Collective …

Drafting contracts - key lessons from 2022

Court of Appeal confirms refusal of anti-suit injunction to restrain US s.1782 discovery application in libel proceedings

The Court of Appeal has upheld a decision refusing to grant an anti-suit injunction to restrain a US s.1782 discovery application seeking evidence in …

Supreme Court decision gives further clarity on claims by distressed companies against directors

Although not directly concerned with directors' liabilities, the recent Supreme Court judgment in Stanford International Bank Ltd v HSBC Bank PLC [2022] …

High Court allows claim in respect of secret commissions to proceed as "opt-out" representative action under CPR 19.6

High Court refuses anti-suit injunction to restrain US s.1782 discovery application in relation to English libel proceedings