Inside disputes

LIBOR misrepresentation claim time-barred and summarily dismissed

LIBOR misrepresentation claim time-barred and summarily dismissed

In a case concerning fraudulent misrepresentation relating to LIBOR manipulation, the High Court has granted summary judgment in favour of two banks, finding that the publication of the Final Notice started the limitation period and the claims were consequently time-barred.

Articles | July 14, 2021

Derivatives
The scope of the fraud exception to the without prejudice rule

The scope of the fraud exception to the without prejudice rule

In Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551, the Court of Appeal provides useful guidance on the scope of the ‘fraud exception’ to the ‘without prejudice’ rule.

Articles | June 30, 2021

Privilege and disclosure
Litigation privilege and third parties

Litigation privilege and third parties

A recent decision in the English High Court has provided further guidance on the application of the ‘dominant purpose’ test to claims of litigation privilege in respect of correspondence involving third parties.

Articles | June 24, 2021

Privilege and disclosure

Further guidance on the Kalmneft factors

A decision by the Commercial Court interprets the relevant principles for assessing applications for extensions of time to challenge arbitral awards, and the reasonableness of acts by sovereign states in such a situation.

Articles | June 17, 2021

Sovereign disputes

A good faith provision helped the High Court to find in favour of minority shareholders in a recent shareholder dispute

The High Court's decision provides guidance on how the inclusion of a good faith provision in a shareholders agreement can impact on the majority’s right to remove a director under s.168 of the Companies Act 2006.

Articles | June 10, 2021

Contractual interpretation

High Court strikes out claim against banks: no deliberate concealment of facts and claim time-barred for limitation

The recent decision in Dixon v Santander Asset Finance Plc & Anor [2021] EWHC 1044 (Ch) provides a useful summary of the case law around the s.32(1)(b) Limitation Act 1980 concealment ground and practical application of this provision to the case facts.

Articles | June 04, 2021

Procedural

Commercial Court strikes out £58 million conspiracy claim

In granting a reverse summary judgment, the Commercial Court has provided helpful guidance on a number of legal and procedural points.

Articles | May 31, 2021

Fraud

Ground-breaking arbitration rules for digital disputes released

The UK Jurisdiction Taskforce has published a revolutionary set of arbitration rules designed to provide a framework to govern disputes relating to disruptive novel technologies

Articles | May 20, 2021

Cryptoassets

Cross-border guide to parent company liability for foreign subsidiaries

How and when can a parent company be liable for conduct of its (foreign) subsidiaries?

Articles | May 17, 2021

Governing law and jurisdiction