Proposed regulation of litigation funding for proceedings in the EU

The European Parliament has published a proposed Directive to regulate commercial third party funding within the EU. The proposed Directive will not directly affect proceedings in England and Wales, but will apply to litigation funders based in the UK where they are funding proceedings in the EU. Key recommendations include a provision invalidating a litigation … Read more

Commercial litigation podcast series – Episode 15: General update

In this 15th episode of our series of commercial litigation update podcasts, we look at some recent or upcoming developments relating to disclosure, jurisdiction and the new Chancery Guide, decisions relating to privilege and the application of the without prejudice rule, and the impact of the UK sanctions regime on proceedings in the English court involving … Read more

Navigating UK sanctions against Russian persons in English court proceedings

The UK is one of many countries which have introduced extensive sanctions against Russia, its individuals and entities in light of the military action in Ukraine which began on 24 February 2022. The application of the sanctions is generally limited to the territory of the UK and the conduct of UK persons (as defined) inside … Read more

High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance

The High Court has refused to grant an injunction to prevent a party using privileged material in a letter exhibited to an opponent’s witness statement filed in support of an interim application, where the material had been included in error but the error was not obvious to the recipient: Pickett v Balkind [2022] EWHC 2226 … Read more

New edition of Chancery Guide in force

A new edition of the Chancery Guide was published and came into force on 29 July, just before the start of the summer court recess. The first new edition since 2016, the Guide has been wholly re-written by a working group which was led by the editors, Fancourt J and Master Kaye, and included Chris … Read more

Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and “failure of basis”

The Court of Appeal has dismissed appeals against the grant of summary judgment to commercial landlords for payment of accrued rent in two cases where the relevant premises (in each case operated as cinemas) had to be closed for extended periods due to Covid restrictions: Bank of New York Mellon (International) Ltd v Cine-UK Ltd; … Read more