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In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation, privilege, class actions, claims against cryptocurrency exchanges, and force majeure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Julian Copeman, … Read more
A recent Court of Appeal decision has added to the case law considering the operation of section 32(1)(a) of the Limitation Act 1980, under which the limitation period for bringing fraud claims does not start until the claimant discovered, or could with reasonable diligence have discovered, the fraud: Seedo v El Gamal and others [2023] EWCA Civ 330. … Read more
A recent Supreme Court decision has confirmed the orthodox position in relation to how the law of limitation applies to claims in private nuisance, in particular as to when there will be a “continuing nuisance” such that the limitation period starts afresh from day to day. This has significant implications for environmental claims which are … Read more
A recent High Court decision illustrates the complexities that can arise in determining the effect a decision in a test case will have on all the other claims pursued under a group litigation order (or “GLO”): Axa Sun Life Plc v Commissioners of Inland Revenue [2023] EWHC 944 (Ch). The purpose of a GLO is … 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
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
The High Court has dismissed a claim by the assignee of an investment fund against a financial advisory firm (and associated parties) for losses arising out of alleged fraudulent misrepresentations made in relation to the financial position and prospects of a business which had induced the investment fund to subscribe for £11 million in loan … Read more
A recent decision in the High Court has given useful guidance on the interpretation of a contractual time-bar clause: Arab Lawyers Networks Company v Thomson Reuters (Professional) UK Limited [2021] EWHC 1728 (Comm). The clause prevented either party from bringing a claim more than one year after “the basis for the claim becomes known to … Read more
The Supreme Court has unanimously held that where a cause of action accrues at midnight (a “midnight deadline case”) the following day will count towards the calculation of the limitation period for commencing proceedings: Matthew v Sedman [2021] UKSC 19. The judgment provides an important clarification for parties calculating limitation periods in cases where accrual … Read more
