Inside disputes

Service out of the jurisdiction: Expansion of the gateways

Service out of the jurisdiction: Expansion of the gateways

A claimant wishing to bring proceedings in the English Courts against a defendant who is outside of the jurisdiction may need to satisfy the Court the claim falls within one of the ‘jurisdictional gateways’ in CPR Practice Direction 6B.

Articles | November 08, 2022

Blog post
Liability for misleading or untrue statements: ACL Netherlands BV v Lynch

Liability for misleading or untrue statements: ACL Netherlands BV v Lynch

In an historic first, the High Court has delivered a judgment on liability arising from a breach of s 90A and schedule 10A, Financial Services and Markets Act 2000, in the case of ACL Netherlands BV & Ors v Lynch & Anor [2022] EWHC 1178 (Ch).

Articles | November 03, 2022

Blog post
Can the identity of those instructing lawyers be protected by litigation privilege?

Can the identity of those instructing lawyers be protected by litigation privilege?

A recent decision by the High Court provides clarity on whether those instructing solicitors benefit from litigation privilege.

Articles | October 27, 2022

Blog post
ISDA Master Agreements: New guidance on when an Event of Default is 'continuing'

ISDA Master Agreements: New guidance on when an Event of Default is 'continuing'

Members of our Litigation and Derivatives teams have written an article discussing the impact of the judgment in Grant & Ors v FR Acquisitions Corporation and (Europe) Ltd & JFV Firth Rixson Inc [2022] EWHC 2532 (Ch) which offers important new guidance on when an Event of Default is ‘continuing’ under both the 1992 and 2002 versions of the ISDA Master Agreement.

Articles | October 21, 2022

Blog post
Landmark judgment on directors' duties when a company faces insolvency

Landmark judgment on directors' duties when a company faces insolvency

Our financial insolvency and restructuring team have written an article on the recent Supreme Court judgment in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25, which looked at whether there is a common law duty on directors to act in the interests of creditors when a company faces insolvency, but is not yet in an insolvency process.

Articles | October 20, 2022

Blog post
Recent Court of Appeal guidance on damages for breach of warranty and deceit

Recent Court of Appeal guidance on damages for breach of warranty and deceit

In the context of a share sale, the Court of Appeal in MDW Holdings Ltd v Norvill & Ors [2022] EWCA Civ 883 confirmed that a defendant cannot usually reduce its liability for breach of warranty by showing that contingencies or risks at the time of the transaction did not in fact occur.

Articles | October 14, 2022

Blog post
Court guidance on when a split trial is appropriate

Court guidance on when a split trial is appropriate

The recent Commercial Court decision in Jinxin Inc. v Aser Media Pte Ltd & Ors [2022] EWHC 2431 (Comm) provides helpful guidance on when a split trial (i.e. where issues in a case are decided in separate stages) will be ordered by the court.

Articles | October 07, 2022

Procedural
Can an illegal loan be enforced?

Can an illegal loan be enforced?

In SR Projects Ltd v Rampersad Re Hindu Credit Union Co-Operative Society (Trinidad and Tobago) [2022] UKPC 24, a majority of the Privy Council overturned the decision of the Court of Appeal of Trinidad and Tobago that a loan taken out contrary to statute was void and so unenforceable, either as ultra vires (outside) the powers of the borrower, or for illegality.

Articles | October 03, 2022

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New edition of Chancery Guide in force

New edition of Chancery Guide in force

The new edition of the Chancery Guide was published and came into force on 29 July 2022. It is the first new edition since 2016 and contains substantial changes.

Articles | September 30, 2022

Procedural