Sovereign state immunity from anti-suit injunctions

November 22, 2022

UK P&I Club N.V. & Anor v Republica Bolivariana De Venezuela [2022] EWHC 1655 (Comm) provides guidance on the factors the English courts will consider when deciding whether a state should benefit from state immunity and whether injunctive relief can be granted against a state.

Can a notice sent pursuant to an ISDA Master Agreement be valid if it is inaccurate?

November 16, 2022

Macquarie Bank Ltd v Phelan Energy Group Ltd [2022] EWHC 2616 (Comm) is the first English High Court judgment which directly considers the requirements for a notice of Failure to Pay under Section 5(a)(i) of the 2002 ISDA Master Agreement to be valid.

Be careful what you promise: the Court's approach to an alleged oral contract

November 10, 2022

In Christie v Canaccord Genuity Ltd [2022] EWHC 1130 (QB), the High Court has dismissed a claim brought by a former employee for a £1 million “retention award” based on an alleged oral contract.

Service out of the jurisdiction - expansion of the gateways

November 08, 2022

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.

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

November 03, 2022

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).

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

October 27, 2022

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

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

October 21, 2022

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.

Landmark judgment on directors' duties when a company faces insolvency

October 20, 2022

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.

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

October 14, 2022

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.

Court guidance on when a split trial is appropriate

October 07, 2022

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.