Litigation Notes

Liability caps: importance of clear drafting

A recent High Court decision on the proper construction of a contractual liability cap reminds us of the importance of clear and coherent drafting both …

Part 36 offers to settle: very high claimant offer did not bring costs benefits as not a genuine attempt to settle

Litigation developments: England and Wales - Quarterly update

Commercial Court finds indemnities covered negligence where no express reference

Freezing orders: applicants (including liquidators) face high hurdle to justify cap on cross-undertaking in damages

The Court of Appeal has set aside a freezing order obtained by a provisional liquidator within winding up proceedings, on the basis that the …

Class Actions in England and Wales podcast series: Episode 7 - Insurance

UK listing and prospectus regime reform: potential impact on securities litigation

The FCA has proposed a revolutionary restructuring of the UK listing framework in its consultation paper published in May 2023, as summarised in our …

Regime change - France to usher in new era for class actions

The French National Assembly has adopted legislation aimed at simplifying and harmonising the country's fragmented class actions framework. Subject to …

Asymmetric jurisdiction clauses: French court refers questions of validity to CJEU

Late amendments to statements of case: helpful guidance from the Court of Appeal

A recent Court of Appeal decision clarifies how the court should exercise its discretion in considering an application to amend that is brought late, but …

English court orders crypto exchange to transfer assets into England and Wales to facilitate enforcement of judgment

Commercial litigation podcast series – Episode 19: General update