Blog
Court of Appeal considers the approach to assess a "material adverse change"
December 05, 2023
Considering the court’s approach to assess whether there was a material adverse change in the company’s prospects was incorrect and the buyer’s claim failed.
Court of Appeal refuses permission to appeal in ClientEarth shareholder action
December 01, 2023
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.
Fallout from Supreme Court decision on litigation funding arrangements
November 27, 2023
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.
Supreme Court decision on limitation and deliberate concealment – what is the impact?
November 24, 2023
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.
Horizon Scanning: Investigations and Enforcement
November 23, 2023
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.
Jones v Tracey: When is correspondence ‘without prejudice’?
November 21, 2023
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.
Tax claims in M&A transactions: potential pitfalls
November 16, 2023
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.
Exclusion of ‘anticipated profits’ prevents a claim for lost revenue
November 15, 2023
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.
Complex financial mis-selling claim runs out of time
November 10, 2023
Discussing one of the last surviving disputes arising out of the 2007 – 2008 financial crisis.
Online Safety Bill receives Royal Assent
November 09, 2023
Discussing the new Online Safety Act 2023.