Anna Pertoldi has published a video for Practical Law in which she considers jurisdiction and enforcement of judgments during and after the Brexit transition period. The video discusses the current legal position and considers the practical implications for both jurisdiction and enforcement of judgments, as well as the practical implications of the agreements that might … Read more
A new Practice Direction (PD 51ZA) took effect yesterday. It is designed to introduce additional flexibility for parties to agree extensions of time where their ability to comply with deadlines is affected by the COVID-19 pandemic, and to ensure that the court takes into account the impact of the pandemic when considering whether to grant … Read more
Today the Supreme Court handed down its decision in Wm Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12, bringing to its conclusion a case which had the potential to alter significantly the data protection and cyber security litigation and class action landscape. The headline news is that Morrisons has been found not to be … Read more
In our post last Friday, we outlined how the courts were adapting to the challenges posed by the Covid-19 crisis, and in particular the announcement from the Lord Chief Justice that hearings would be held remotely where possible. Since then events have moved quickly, with the Prime Minister’s announcement earlier this week essentially putting the … Read more
With the continuing rise in the number of cases of COVID-19 worldwide declared to be a pandemic by WHO, in addition to obvious implications of the outbreak for individuals, businesses are likely to be exposed to a heightened risk of legal implications arising across their supply chain. (Note: This is a revised version of our … Read more
With the effects of the COVID-19 outbreak continuing to take hold on nearly all aspects of day-to-day life, what does this mean for the continued operation of the judicial system, and more specifically any court proceedings that businesses may be involved in or contemplating? Where proceedings are already on foot, businesses may have dates fixed … Read more
As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called Arkin cap to limit a commercial funder’s liability to the amount of the funding it had provided. The decision confirms that the Arkin cap is not a binding rule, and the court retains a broad discretion … Read more
In a recent decision, the High Court found that the documents of two of the defendant’s subsidiary companies were within its “control” for the purposes of disclosure: Pipia v BG Group Ltd [2020] EWHC 402 (Comm). The decision shows that a party can have control over the documents of its direct or indirect subsidiaries (or … Read more
A High Court Master has found that documents held by a firm of solicitors on behalf of a former client were not protected by legal professional privilege, as there was a strong prima facie case that the firm had been instructed for the purpose of furthering the client’s fraudulent investment scheme: Addlesee v Dentons Europe … Read more
