Inside disputes

Cross-border Q&A – Can foreign entities without an English equivalent be a party to litigation?

Separate legal personality is bestowed upon different entities in different legal systems.

Articles | November 26, 2020

Governing law and jurisdiction

Strike out application refused in breach of Quincecare duty claim against payment services provider

The decision in Hamblin and another v World First Ltd and another [2020] EWHC 2383 (Comm) is the first to follow the Supreme Court decision in Singularis v Daiwa, which upheld a negligence claim for breach of the Quincecare duty of care.

Articles | November 15, 2020

Blog post

Case Updater: PCP v Barclays Bank Plc [2020] EWHC 1393 (Comm)

The recent Commercial Court decision in PCP v Barclays Bank Plc [2020] EWHC 1393 (Comm) has provided insight into the scope of waiver of privilege and the “cherry picking rule”.

Articles | November 11, 2020

Blog post

Group litigation claimants must disclose investment history

In the Ingenious film partnerships group litigation, the High Court ruled that the claimants should provide extended disclosure in relation to their investment history, as this may be relevant to: (i) their risk appetite and financial sophistication, which may in turn inform the scope of the defendants’ duty of care in providing advice; and (ii) causation of any loss as a result of alleged fraudulent and negligent representations regarding the Ingenious structure.

Articles | September 10, 2020

Group action litigation

Risk v reward: cost liability in group litigation

In the high profile Lloyds/HBOS litigation, the High Court recently handed down judgment in respect of costs.

Articles | September 02, 2020

Group action litigation

Case Updater: Apache North Sea Limited v INEOS FPS Limited [2020] EWHC 2081 (Comm)

The Commercial Court has held that a consent giving party cannot pre-condition its consent where that would enhance that party’s contractual benefit.

Articles | August 15, 2020

Publications

Cryptocurrency as security for costs

A judge in New South Wales has granted a claimant permission to use cryptocurrency to satisfy a AU$20,000 order for security for costs.

Articles | March 15, 2020

Procedural

Changes to the Statement of Truth and Witness Statements

From 6 April 2020, the language of and the rules around the Statement of Truth and Witness Statements will change.

Articles | February 11, 2020

Procedural

Supreme Court upholds breach of ‘Quincecare’ duty of care

The Supreme Court has unanimously upheld the first successful claim for a breach of the ‘Quincecare’ duty of care.

Articles | November 25, 2019

Fraud