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Spain’s Ministry of Justice has recently published a Draft Bill on representative actions for the protection of the collective interests of consumers, which will transpose the EU Collective Redress Directive. The Draft Bill goes beyond introducing changes that were strictly necessary to comply with the requirements of the Directive including, significantly, by allowing parties to … Read more
In the context of an application for security for costs on the basis that the claimant was resident in the United Arab Emirates (“UAE”), the High Court has held that there was no real risk of substantial obstacles to enforcement or an additional burden in terms of costs or delay in enforcing English court judgments … Read more
A recent High Court decision has gone against the trend of more than two decades of disclosure reform, in which the aim has generally been to reduce the costs of disclosure by trying to limit the amount of documentation reviewed and disclosed. In contrast, in Genius Sports Technologies Ltd v Soft Construct (Malta) Ltd [2022] … Read more
The Court of Appeal has held that, where a judgment was provided in draft to parties and their legal representatives under embargo in advance of being handed down in public, neither the judgment nor the outcome could be disclosed to foreign lawyers, even though they had been involved to some extent in the proceedings. Such … Read more
In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined … Read more
A recent High Court decision suggests that there is some doubt as to the proper construction of the gateways allowing service out of the jurisdiction for claims relating to property in the jurisdiction, and for claims in constructive or resulting trust relating to assets within the jurisdiction. In particular, the decision suggests that it may … Read more
The Supreme Court has upheld the Court of Appeal’s decision to strike out a claim brought by the liquidators of a Ponzi scheme against its correspondent bank, alleging that the bank breached its so-called Quincecare duty to take sufficient care that monies paid out from the accounts under its control were being paid out properly: … Read more
In this podcast, Kim Dietzel, Stephen Wisking and Maura McIntosh discuss competition class actions under the Collective Proceedings Order regime in the Competition Appeal Tribunal (CAT), which allows claims to be brought on either an “opt-in” or “opt-out” basis. This is an area that has seen very significant growth over the past couple of years, … Read more
In a claim for payment of a debt in respect of the provision of services, the Court of Appeal has held that time started to run from the date the work was done, not from the contractually agreed deadline for payment. While the agreed time for payment was a procedural bar to the creditor seeking … Read more
