Follow

Commercial Disputes Blog

Articles: 1-10 of 120

The October CPR update: three important changes for litigators

European Union, United Kingdom - August 18 2022 The traditional autumn update to the CPR this year comes with three developments of particular note for litigators: the permanent incorporation of the…

Court of Appeal finds that damages-based agreements are not available to defendants

United Kingdom - July 27 2022 The Court of Appeal has found that damages-based agreements (DBAs) are not available to non-counterclaiming defendants (Candey Ltd v Tonstate Group…

Competing subordinated debts - the lessons learnt from Lehmans' insolvency

United Kingdom - July 8 2022 Some 13 years ago, Lehman Brothers' sudden and unexpected insolvency sent ripples across the banking and financial services market, some of which are…

Sebastian Holdings litigation - tail-end risks mount for Mr Vik

United Kingdom - July 6 2022 In the latest chapter of the attritional legal battle between Deutsche Bank AG (DBAG) and Sebastian Holdings and its principal Mr Alexander Vik (Mr…

Marex Strikes Again: Giles v Rhind exception to rule against reflective loss is "dead for all intents and purposes"

United Kingdom - June 10 2022 Despite it being almost two years since the Supreme Court judgment in Marex Financial Ltd v Sevilleja [2020] UKSC 31 considered the principle of…

Are you a "person discharging managerial responsibility"? High Court clarifies meaning of PDMRs under FSMA

United Kingdom - May 23 2022 In a recent interim decision in Allianz Global Investors GmbH and Ors v G4S Ltd (formerly G4S plc) [2022] EWHC 1081 (Ch), Mr Justice Miles clarified…

Irrelevant to any issue in the proceedings? High Court orders complete re-review of party's redactions under disclosure pilot scheme

United Kingdom - May 20 2022 In JSC Commercial Bank Privatbank v Kolomoisky and other the English court determined that, having adopted an unduly narrow approach to relevance…

Court of Appeal says no to purely factual appeals

United Kingdom - May 12 2022 In the context of a dispute as to whether funding provided from a father to his son to purchase a property constituted a gift or a loan, the Court of…

Obvious arithmetical error in damages calculation is sufficient for arbitral award to be set aside for procedural irregularity, finds High Court

United Kingdom - May 6 2022 The High Court has found that an "obvious arithmetical error" in the calculation of damages was a procedural irregularity under s 68 of the…

Court of Appeal strikes out defences that funds' losses resulting from FX manipulation have been passed on to investors following redemption

United Kingdom - May 6 2022 In Allianz Global Investors GmbH & Ors v Barclays Bank PLC & Ors, the Court of Appeal allowed an appeal by the claimant funds (the Funds) and…