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In a recent decision, the High Court has held that the documents of a claimant’s creditor were not in the claimant’s control for the purposes of disclosure. Although two employees of the creditor acted as the claimant’s agent in conducting the litigation, that did not mean that all the documents to which they had access … Read more
In this podcast, Julian Copeman and Maura McIntosh discuss data class actions, which represent a significant risk for businesses, and consider the ways in which such actions can be brought in the English courts. The podcast looks in particular at the potential for data class actions to be brought on an “opt-out” basis, using the … Read more
In a recent Court of Appeal decision, a defendant’s Part 36 offer to settle “the whole of the claim” (which the claimant had accepted) was construed as relating only to the pleaded claims and not the additional claims set out in the claimant’s draft amended particulars of claim. However, the claimant could not bring new … Read more
The UK government announced last week that it will sign and ratify the Singapore Convention, which establishes a global framework for the direct enforcement of mediated settlements of cross-border commercial disputes. Many UK and foreign businesses are now turning their minds to what that means for international commercial disputes with a UK connection. For more … Read more
A recent High Court decision in a shareholder class action under s.90A of FSMA, on the approach to be adopted for a split trial of the action, includes interesting observations on the critical question of reliance, which has become a central battleground in such claims: Various Claimants v Serco Group plc [2023] EWHC 119 (Ch). The … Read more
The Court of Appeal has dismissed the appeal of a bank employee, finding that the bank did not owe a novel duty to take reasonable care to avoid the risk of the employee being convicted, and that there was no implied term of the employment contract that the bank would indemnify the employee against loss … Read more
The Italian Government has recently approved the draft legislative decree (Draft Bill) for the translation into domestic law of the EU Collective Redress Directive, The Draft Bill represents another step towards the strengthening of Italy’s collective action regime. It will amend the Italian Consumer Code to allow qualified entities to take representative actions to protect the … Read more
Our Corporate team’s recently published annual contract law update briefing considers a number of interesting contract law cases from 2022 which highlight key points for those involved in drafting or managing contracts. The cases chosen deal with formation, exclusion and limitation clauses, good faith, unexpected events and termination. In each case there is a brief … Read more
The Court of Appeal has upheld a decision refusing to grant an anti-suit injunction to restrain a US s.1782 discovery application seeking evidence in defence of libel proceedings in the English court: Soriano v Forensic News LLC [2023] EWCA Civ 223. The Court of Appeal’s decision shows that, while the court may grant an injunction … Read more
