Inside disputes

Court of Appeal refuses permission to appeal in ClientEarth shareholder action

Court of Appeal refuses permission to appeal in ClientEarth shareholder action

In the latest development in ClientEarth’s attempt to bring a shareholder action on behalf of Shell plc against its directors, the Court of Appeal has refused its application for permission to appeal the earlier decisions of the High Court.

Articles | December 01, 2023

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Fallout from Supreme Court decision on litigation funding arrangements

Fallout from Supreme Court decision on litigation funding arrangements

Two recent decisions show the High Court and CAT grappling with some of the unanswered questions and areas for dispute following the Supreme Court decision on litigation funding arrangements.

Articles | November 27, 2023

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Supreme Court decision on limitation and deliberate concealment – what is the impact?

Supreme Court decision on limitation and deliberate concealment – what is the impact?

The recent Supreme Court decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is likely to impact claimants beyond PPI claims who intend to rely on the ground of deliberate concealment to extend the limitation period in fraud claims.

Articles | November 24, 2023

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Horizon Scanning: Investigations and Enforcement

Horizon Scanning: Investigations and Enforcement

The regulation and investigation teams reflect on the key trends and developments in 2023 for financial crime enforcement, and look ahead to 2024 to predict developments affecting organisations doing business in the UK will include.

Articles | November 23, 2023

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Jones v Tracey: When is correspondence ‘without prejudice’?

Jones v Tracey: When is correspondence ‘without prejudice’?

Discussing the High Court judgment in Jones v Tracey & Ors (Re Costs) [2023] EWHC 2256 (Ch) that inter-solicitor correspondence about the possibility of ADR was not without prejudice.

Articles | November 21, 2023

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Tax claims in M&A transactions: potential pitfalls

Tax claims in M&A transactions: potential pitfalls

An article considering the practical issues and potential pitfalls that can arise where there are claims under the tax indemnities and warranties in an M&A transaction.

Articles | November 17, 2023

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Exclusion of ‘anticipated profits’ prevents a claim for lost revenue

Exclusion of ‘anticipated profits’ prevents a claim for lost revenue

Discussing the decision in EE v Virgin [2023] EWHC 1989 (TCC) which examined the scope of exclusion clauses and determined that a claim for "loss of revenue” was effectively a claim for loss of profits.

Articles | November 15, 2023

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Complex financial mis-selling claim runs out of time

Complex financial mis-selling claim runs out of time

Discussing one of the last surviving disputes arising out of the 2007 – 2008 financial crisis.

Articles | November 10, 2023

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Online Safety Bill receives Royal Assent

Online Safety Bill receives Royal Assent

Discussing the new Online Safety Act 2023.

Articles | November 09, 2023

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