Representative actions under CPR 19.8: High Court to consider important questions relating to funding and damages for class members

According to a list of issues that has recently become publicly available in the Commission Recovery v Marks & Clerk case, a trial early next year is likely to determine important questions that could affect the broader viability for claimants and funders of bringing “opt-out” representative actions under CPR 19.8, which allows claims to be … Read more

High Court grants unfair prejudice petition on grounds of auditor’s flawed valuation of claimant’s shares in contractual exit process

The High Court has broadly interpreted what amounts to a “company’s affairs” for the purposes of an unfair prejudice petition under s.994 of the Companies Act 2006, and also considered the impact on such a petition of an exit mechanism in a shareholders’ agreement: Wells v Hornshaw [2024] EWHC 330 (Ch). This case is relatively … Read more

Litigation developments: England and Wales – Quarterly update

We have published our latest quarterly litigation update e-bulletin, covering developments over the past three months largely by reference to articles posted to our Litigation Notes blog. This edition covers developments relating to class actions and litigation funding, privilege, jurisdiction and enforcement, costs, access to court documents, relief from sanctions, ADR, contracts, and tort. Click here to … Read more

Commercial litigation podcast series – Episode 23: General update

In this 23rd episode of our series of commercial litigation update podcasts, we look at the government’s plans for the litigation funding industry, and a consultation on proposals regarding public access to court documents. We also consider two recent cases on costs – more specifically costs against non-parties and security for costs – and a … Read more

Litigation funding: Bill introduced to reverse effect of Paccar and Civil Justice Council invited to review the sector

On 19 March, the Litigation Funding Agreements (Enforceability) Bill was introduced to Parliament, following on from the government’s announcement on 4 March that it would introduce legislation to reverse the effect of the high profile decision in Paccar last July. In that case, as is well known, the Supreme Court held that litigation funding agreements … Read more