Inside disputes

Court of Appeal allows Brazilian environmental group litigation to proceed

Court of Appeal allows Brazilian environmental group litigation to proceed

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.

Articles | March 24, 2023

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Court of Appeal clarifies the ambit of litigation privilege in Loreley

Court of Appeal clarifies the ambit of litigation privilege in Loreley

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

Articles | March 21, 2023

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Can you make a Norwich Pharmacal application against potential defendants?

Can you make a Norwich Pharmacal application against potential defendants?

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.

Articles | March 14, 2023

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Will courts disclose the identity of someone who requested copies of court documents?

Will courts disclose the identity of someone who requested copies of court documents?

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

Articles | March 07, 2023

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Court dismisses challenge to UK Export Finance support for Mozambique LNG project

Court dismisses challenge to UK Export Finance support for Mozambique LNG project

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.

Articles | March 01, 2023

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Court gives limited interpretation to express ‘good faith’ clause

Court gives limited interpretation to express ‘good faith’ clause

Court gives limited interpretation to an express ‘good’ faith’ clause in a shareholders’ agreement.

Articles | February 27, 2023

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What do you need to know about the proposed failure to prevent fraud offence?

What do you need to know about the proposed failure to prevent fraud offence?

Our investigations and white-collar crime team have produced an article discussing how a failure to prevent fraud offence will change the landscape for fraud investigations and compliance in the UK.

Articles | February 22, 2023

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Anti-suit injunctions to restrain proceedings in EU courts

Anti-suit injunctions to restrain proceedings in EU courts

Ebury Partners Belgium SA/NV v Technical Touch BV & Anor illustrates how, post-Brexit, English courts can grant anti-suit injunctions to restrain proceedings in EU courts.

Articles | February 21, 2023

Brexit
Right to monitor and access employee's private information: Loss of confidentiality?

Right to monitor and access employee's private information: Loss of confidentiality?

The intellectual property team have commented on the recent case of Jinxin Inc v Aser Media Pte Ltd & Ors [2022] EWHC 2856 (Comm) where the Commercial Court ruled that an employer’s right to monitor and access private information of an employee held on its systems does not extend to a loss of confidentiality in those documents, and therefore a loss of privilege, as against the employer.

Articles | February 17, 2023

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