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Fuelled by the global spread of ESG and climate-related disclosure obligations and coupled with pressures from increasingly ESG-driven stakeholders, businesses are saying more than ever about their environmental and social performance. These statements might be product-specific, relate to investment strategy or corporate governance. Such statements might be seen as good marketing, positive for a company’s … Read more
A recent Court of Appeal decision has overturned a first instance finding that sellers of a company were liable for breach of a warranty that there had been “no material adverse change” in the company’s prospects since the accounts date specified in the agreement: Decision Inc Holdings Proprietary Ltd v Garbett [2023] EWCA Civ 1284. … Read more
A Supreme Court decision handed down last week establishes that the general rule in civil cases is that a party who submits that the court should not accept an opponent’s witness evidence on a material point must challenge that evidence by cross-examination – whether it is factual or expert evidence, and regardless of whether the … Read more
In a landmark decision handed down today, the Court of Appeal has held that the court can order the parties to engage in ADR, or stay the proceedings to enable them to engage in ADR, provided that the order does not impair the essence of the claimant’s right to a fair trial, and it is … Read more
The High Court has allowed a claim to be brought against two defendants as representatives of 5,000 others, enabling common issues to be determined in respect of the entire class under CPR 19.8 and individual issues to be decided later: Barclays Bank UK Plc v Terry [2023] EWHC 2726 (Ch). The decision appears to be … Read more
In an oral judgment delivered at the end of a one-day hearing, the High Court has refused an application by the claimants in a securities class action for disclosure of privileged documents by the defendant company: Various Claimants v G4S PLC [2023] EWHC 2863 (Ch). The decision considers the boundaries of the so-called “shareholder principle”, … Read more
The UK government has today published its Response to Consultation on joining the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019). The response concludes that it is the right time for the UK to join Hague 2019. It intends to sign as … Read more
In a recent decision, the High Court granted summary judgment in favour of a defendant on the basis that the claimant had no real prospect of establishing that its losses were not excluded under the terms of the relevant agreements: Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies PLC [2023] EWHC 2506 (TCC). The decision … Read more
The Competition Appeal Tribunal (CAT) has found that a litigation funding agreement that was revised to take account of the Supreme Court’s decision in Paccar (considered in our previous blog post) was not a damages-based agreement (DBA). It was therefore enforceable in the context of an application for an opt-out collective proceedings order: Alex Neill Class Representative … Read more
