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The High Court has dismissed a strike out application in respect of a claim brought under section 423 of the Insolvency Act 1986 (“IA 1986”) in respect of an alleged transaction defrauding creditors, holding that it is not necessary to prove a freestanding connection between the defendant and England, separate from the litigation itself, in … Read more
The Court of Appeal has confirmed that a Damages-Based Agreement, or DBA, can include a clause which entitles the legal representative to payment on a time cost basis if the DBA is terminated before the conclusion of the litigation: Zuberi v Lexlaw Ltd [2021] EWCA Civ 16. DBAs, otherwise known as contingency fees, are a … Read more
The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others. Herbert Smith Freehills acted for the FCA who advanced the claim for policyholders. Read more
With the end of the Brexit transition period on 31 December 2020, and the lack of clarity as to whether the EU will consent to the UK’s accession to the Lugano Convention, attention is focused more than ever on the Hague Convention on Choice of Court Agreements 2005. Hague 2005 is however subject to a … Read more
The Court of Appeal has held that parties seeking to introduce a new claim after the expiry of the relevant limitation period cannot rely on previously struck out pleadings in order to demonstrate that the new claim arose out of substantially the same facts: Libyan Investment Authority v King [2020] EWCA Civ 1690. CPR 17.4(2) … Read more
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
The High Court has held that a party who stated in documentation before the court that a particular issue had not been discussed with its lawyers, in order to deny an assertion made by its opponent, had not thereby waived privilege as there had been no voluntary disclosure: PJSC Tatneft v Bogolyubov [2020] EWHC 3225 … Read more