Supreme Court changes law on when time starts to run for limitation purposes in a claim to recover money paid under a mistake of law

    In the latest decision in the long-running Franked Investment Income (“FII”) Group Litigation, the Supreme Court has held that, for a claim to recover money paid under a mistake of law, the statutory limitation period begins to run when a claimant could with reasonable diligence have discovered the mistake, in the sense of recognising that … Read more

    Court of Appeal finds asymmetric clauses are exclusive jurisdiction clauses for purposes of recast Brussels Regulation and considers nature of such clauses under Hague Convention 2005

    The Court of Appeal has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels Regulation. The English court was therefore entitled to continue with its proceedings where it was the chosen court but proceedings had been commenced earlier in Germany: Etihad Airways PJSC v Lucas Flother … Read more

    A litigator’s yearbook 2020 (England and Wales)

    2020 will be, for many of us, a year we are keen to forget, as we look forward to 2021 with hope that the Covid-19 vaccines will bring life back to something approaching normality – though perhaps with some trepidation at the uncertainties for business following on from the end of the Brexit implementation period, … Read more

    Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues

    On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition collective action brought by Walter Merricks against Mastercard, in respect of losses alleged to have resulted from the use of anti-competitive multilateral interchange fees. Our competition litigation team published an initial blog post last week, … Read more

    Disputes after the end of the Brexit transition period: where are we now?

    With the end of the Brexit transition period rapidly approaching, we are still waiting to see whether the UK and the EU can reach an agreement on their future relationship from 1 January 2021. In fact, whether or not an agreement is reached has no direct impact on commercial dispute resolution. But the hope is … Read more