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Topic: Procedural

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Litigation Funding Agreements (Enforceability) Bill clears another hurdle

April 17, 2024

Discussing the Litigation Funding Agreements (Enforceability) Bill which aims to address the impact of the Supreme Court judgment in R (PACCAR) v Competition Appeal Tribunal [2023] UKSC 28.

Court of Appeal delivers multifaceted privilege judgment

April 05, 2024

Discussing the Court of Appeal's landmark judgment in Al Sadeq v Dechert LLP & Ors [2024] EWCA Civ 28.

When are documents held by a third party within a litigant’s “practical control”?

April 03, 2024

Discussing the decision in The Public Institution for Social Security v Al-Wazzan & Ors [2024] EWHC 480 (Comm) which acts as a useful reminder that a litigant can be considered to have control over documents held by a third party even where the litigant has no legal right to those documents, for the purposes of disclosure.

Court strikes out securities class action brought as a representative action under CPR 19.8

March 22, 2024

Discussing the judgment in Wirral Council v Indivior PLC [2023] EWHC 3114 (Comm).

Norwich Pharmacal Relief: Court expands test to include the ‘proper purpose’ condition

March 13, 2024

The High Court has held it should be a condition for granting Norwich Pharmacal relief that the application is made for a legitimate purpose.

English Court grants final anti-suit injunction in support of Paris seated ICC arbitration

March 08, 2024

Our litigation and disputes team have written a briefing note, discussing the recent English Court of Appeal judgment in Unicredit Bank GmbH v RusChemAlliance LLC.

London Metal Exchange wins High Court battle over US$12 billion cancelled nickel trades

March 06, 2024

Discussing the High Court judgment in R (Elliott Associates LP) & Anor v The London Metal Exchange & Anor [2023] EWHC 2969 (Admin).

Supreme Court holds that courts must generally accept uncontroverted evidence

March 01, 2024

Supreme Court reaffirmed the general rule of evidence that a party who submits to the court that the opposing party’s witness evidence should not be accepted on a material point must firstly challenge that evidence by cross-examination during the trial.

Court of Appeal finds an historic act of war was “a” cause of damage

February 26, 2024

Discussing the recent decision in University of Exeter v Allianz Insurance PLC (Rev1) [2023] EWCA Civ 1484.

UK High Court dismisses Force Majeure and Sanctions defences in oil purchase contract dispute

February 20, 2024

Considering the High Court decision in Litasco SA v Der Mond Oil & Gas Africa SA & another [2023] EWHC 2866 (Comm).