“Litigation notes” is our litigation know-how blog where you will find the latest developments on commercial litigation topics.
Articles: 1-10 of 782
High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim
United Kingdom - September 4 2023 In a recent case, the High Court has had one of its first opportunities to consider BTI v Sequana [2022] UKSC 25 (see our previous update here), in…
Exclusion clauses: High Court finds claim for “charges unlawfully avoided” fell within contractual exclusion for loss of anticipated profits
United Kingdom - August 16 2023 The High Court has granted summary judgment dismissing a claim for lost charges arising from an alleged breach of an exclusivity clause in a supply…
Court of Appeal provides guidance as to when court may refuse to accept party’s undertakings as part of settlement
United Kingdom - August 3 2023 The Court of Appeal has unanimously allowed an appeal against a judge’s decision refusing to accept certain undertakings agreed between the parties…
Commercial litigation podcast series - Episode 20: General update
USA - July 27 2023 In this 20th Episode of our series of commercial litigation update podcasts, we look at the High Court’s decision dismissing ClientEarth’s attempt to…
Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable
United Kingdom - July 26 2023 In a judgment handed down this morning, the Supreme Court has held that litigation funding agreements with third parties who play no part in the…
Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case
United Kingdom - July 19 2023 The Commercial Court has refused to enforce a foreign-seated arbitration award on the grounds that to do so would be contrary to public policy…
Article published: The interplay between data protection rules and civil litigation procedure - some judicial guidance (finally)
European Union - July 18 2023 It is now more than five years since the GDPR propelled the issue of data protection into the forefront of legal practitioners’ minds. Alongside…
Transactions defrauding creditors: Court of Appeal favours wide interpretation of s.423 Insolvency Act 1986
United Kingdom - July 18 2023 The English Court of Appeal has clarified the interpretation of two aspects of s.423 of the Insolvency Act 1986, the legislation which provides a…
Appeals against findings of foreign law: Privy Council explains spectrum approach
United Kingdom - July 14 2023 A recent judgment from the Privy Council clarifies the approach an appeal court is likely to take where there is a challenge to findings of foreign…
Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments
United Kingdom - July 14 2023 The Supreme Court last week handed down its seminal judgment in Philipp v Barclays Bank UK plc [2023] UKSC 25, considering the application of the…
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