Supreme Court clarifies deliberate concealment gateway for postponing limitation

In a significant and much-anticipated judgment, the Supreme Court has clarified the elements that a claimant must establish in order to rely on the “deliberate concealment” gateway in section 32(1)(b) of the Limitation Act 1980 and postpone the start of the limitation period: Canada Square Operations Ltd v Potter [2023] UKSC 41. The Supreme Court summarised the … Read more

Commercial litigation podcast series – Episode 19: General update

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

Group litigation orders: binding effect of decisions in test cases

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

Commercial litigation podcast series – Episode 17: General update

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

High Court provides helpful guidance on interpretation of time-bar clause

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