High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment

In a recent decision, the High Court agreed not to hand down judgment where the parties had reached settlement following circulation of the draft judgment, and that settlement was conditional on the judge agreeing not to hand down judgment: Beriwala v Woodstone Properties (Birmingham) Ltd [2021] EWHC 609 (Ch). The decision helpfully summarises the court’s … Read more

High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit

The High Court has dismissed an application for an injunction to prevent an airline group from making demands under bank-confirmed standby letters of credit (SBLCs), securing aircraft leases granted to the claimant (a budget passenger airline), on the basis that it was not sufficiently arguable that the leases were frustrated due to the effects of … Read more

Consumer class actions – global perspectives

The latest edition of our Future of Consumer series looks at key areas of class action risk that businesses in the Consumer sector are facing across key jurisdictions of the UK, the US, and Australia, including: Product liability and consumer law; Supply-chain issues (with a focus on business human rights and environmental, social, and governance); … Read more

Commercial litigation podcast series – Episode 7: General update

In this seventh episode of our series of commercial litigation update podcasts, we consider: developments relating to disclosure and witness evidence, including an update on reforms in both areas; some recent cases relating to class actions; and the impact of Brexit in the insolvency context. This episode is hosted by Anna Pertoldi, a partner in … Read more

High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation

In a recent decision, the High Court has struck out claims against a defendant bank alleging implied fraudulent misrepresentations in relation to LIBOR, on the basis that the claimants had failed to plead that the alleged representations were actively present in their mind when entering into the products in question and therefore the claim stood … Read more

High Court allows non-party access to witness statements referred to at hearing relating to proposed scheme of arrangement

A recent decision illustrates the court’s approach to providing non-party access to documents referred to at a public hearing, in the context of a proposed scheme of arrangement: Re Port Finance Investment Ltd [2021] EWHC 454 (Ch). The decision applies the recent guidance from the Supreme Court decision in Cape Intermediate Holdings Ltd v Dring … Read more