Archive: March 2023

High Court considered when it would be just and equitable to grant an injunction to restrain the use of privileged documents which had been disclosed by mistake.

Guidance on when a claim may be struck out as an abuse of process under the Court’s general case management powers in CPR 3.4(2)(b) and, importantly, signals that the English courts are willing to hear multi-jurisdictional ESG group actions.

Discussing an appeal against the High Court’s decision that the identity of those instructing the claimant’s lawyers was not subject to privilege.

In AQR Capital Management LLC & Ors v The London Metal Exchange & Anor [2022] EWHC 3313 (Comm), the claimants sought documents from the potential defendants before issuing proceedings by applying for an order for Norwich Pharmacal relief.

The Court held that the identity of persons who requested copies of publicly accessible court documents does not become part of the court record.

The Energy disputes team have written an article on the recent judgment in R (Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) & Anor [2023] EWCA Civ 14.