Shaping the boundaries of collective redress in Germany – a glimpse of the future under an EU representative action regime?

    In a decision that will help shape the boundaries of collective redress in Germany, the country’s highest civil court has dismissed a claim brought against a financial institution under the Model Declaratory Action procedure. This procedure was introduced in November 2018 in the aftermath of the diesel NOx revelations in Germany and allows an action … Read more

    How far can UK courts depart from EU case law?

    On 31 December 2020, when the transition period provided for in the Withdrawal Agreement between the EU and the UK comes to an end, EU law will cease to apply in the UK. However, large parts of the law currently applicable in the UK which is derived from EU law or is directly effective EU … Read more

    Court of Appeal finds no binding settlement reached, emphasising importance of “subject to contract” label

    In a recent decision, the Court of Appeal has overturned a deputy judge’s decision that a binding settlement agreement had been reached in inter-solicitor correspondence despite the use of the “subject to contract” label: Joanne Properties Ltd v Moneything Capital Ltd [2020] EWCA Civ 1541. The decision illustrates that, once parties have started to negotiate … Read more

    Commercial litigation podcast series – Episode 5: General update

    In this fifth episode of our series of commercial litigation update podcasts, we briefly outline the state of play for Brexit as it affects litigation in the English courts. We also look at some developments since our last update relating to the disclosure pilot, witness evidence reform and remote hearings, and finally we look at … Read more

    Court of Appeal construes Farm-Out Agreement and Joint Operating Agreement together as a cohesive whole

    The Court of Appeal has dismissed an appeal against a decision interpreting the provisions of a Farm-Out Agreement for the sale of an interest in two oil production licences: Apache North Sea Limited v (1) Euroil Exploration Limited & (2) Edison S.p.A [2020] EWCA Civ 1397. Herbert Smith Freehills LLP represented the successful defendants/respondents, Euroil Exploration Limited … Read more

    Class action reform in France: Necessary, but debatable

    Proposals for a new, general regime for class actions in France were recently presented to the French National Assembly. If accepted, the new regime will replace the current, sector-based approach where class actions are governed by a variety of consumer, environment, public health and employment legislation. It will also expand substantially the list of organisations … Read more