“Litigation notes” is our litigation know-how blog where you will find the latest developments on commercial litigation topics.
Articles: 1-10 of 804
Reasonableness of exclusion clause under UCTA: Equality of commercial bargaining strength does not necessarily mean equality of bargaining strength as to contract terms
United Kingdom - December 7 2023 The Court of Appeal recently considered the factors to be taken into account in determining the reasonableness of a term excluding the statutory…
Court of Appeal interprets warranty that there had been no material adverse change in company’s prospects and highlights need for careful compliance with notice provisions
United Kingdom - December 5 2023 A recent Court of Appeal decision has overturned a first instance finding that sellers of a company were liable for breach of a warranty that there…
Supreme Court finds court must generally accept uncontroverted expert evidence
United Kingdom - December 4 2023 A Supreme Court decision handed down last week establishes that the general rule in civil cases is that a party who submits that the court should not…
CPR 19.8 representative action: “bifurcated process” adopted in claim by bank against representative defendant
United Kingdom - November 29 2023 The High Court has allowed a claim to be brought against two defendants as representatives of 5,000 others, enabling common issues to be determined…
Company not ordered to disclose privileged documents to shareholders in context of late application in securities class action
United Kingdom - November 23 2023 In an oral judgment delivered at the end of a one-day hearing, the High Court has refused an application by the claimants in a securities class…
Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply
United Kingdom - November 23 2023 In a recent decision, the High Court granted summary judgment in favour of a defendant on the basis that the claimant had no real prospect of…
Good news for enforcement of English judgments: UK to join Hague Judgments Convention 2019
United Kingdom - November 23 2023 The UK government has today published its Response to Consultation on joining The Hague Convention of 2 July 2019 on the Recognition and Enforcement…
Revised litigation funding agreement approved for opt-out competition claim: fee based on multiple of funding was not a DBA
United Kingdom - November 22 2023 The Competition Appeal Tribunal (CAT) has found that a litigation funding agreement that was revised to take account of the Supreme Court’s decision…
Supply chain risk: England not appropriate forum for ESG-related claims against Dyson relating to actions of Malaysian manufacturer
European Union, United Kingdom - November 16 2023 The High Court has declined to exercise jurisdiction over claims brought by migrant workers against English and Malaysian companies in the Dyson…
Government proposes legislation to permit funder DBAs in opt-out competition class actions
United Kingdom - November 16 2023 The government has tabled an amendment to the Digital Markets, Competition and Consumers Bill to allow the use of damages-based agreements (DBAs)…
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