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A recent Supreme Court decision has clarified the English courts’ approach to determining whether a matter falls within the scope of an arbitration agreement for the purposes of deciding whether to grant a stay of court proceedings under section 9 of the Arbitration Act 1996: Republic of Mozambique v Privinvest Shipbuilding SAL [2023] UKSC 32. Section … Read more
In this podcast, Andrew Taggart, Jenny Andrews, Sian McKinley and Maura McIntosh discuss the types of dispute that are most frequently brought as employment class actions, the procedures that apply, and the strategic challenges and issues that arise for those defending such claims. The presenters are all authors of Class Actions in England and Wales, a textbook … Read more
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 which the Supreme Court gave important guidance on the existence and scope of the duty of company directors to have regard to the interests of creditors (the … Read more
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 agreement. The court held that the claim was in reality a claim for lost profits and, as such, subject to an effective exclusion of liability for “anticipated profits”: EE Ltd … Read more
The Court of Appeal has unanimously allowed an appeal against a judge’s decision refusing to accept certain undertakings agreed between the parties to a settlement agreement: Smith v Backhouse [2023] EWCA Civ 874. It confirmed that a court may decline to accept undertakings, even if they form part of a settlement agreement, but the circumstances … Read more
The UK government has announced that it is proceeding with plans to introduce compulsory mediation as a mandatory procedural step in all Small Claims in the County Court. All parties in cases allocated to the Small Claims track (ie most claims valued below £10,000) will be required to attend a free mediation appointment with a … Read more
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 bring a derivative action against Shell’s directors, the Supreme Court’s rather dramatic recent decision on litigation funding agreements, a brief update on a development relating to representative actions, some interesting recent contract … Read more
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 conduct of litigation, but who are to be paid a share of any damages recovered by the claimant, are “damages-based agreements” (or DBAs) within the meaning of the relevant legislation … Read more
The High Court yesterday handed down a judgment confirming its earlier decision to refuse climate-change activist ClientEarth’s application for permission to continue a derivative action on behalf of Shell plc seeking to challenge its directors’ response to the risks posed to Shell’s business by climate change: ClientEarth v Shell plc [2023] EWHC 1897 (Ch). Mr … Read more
