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Archive: April 2023

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Expansion of ‘same interest’ requirement for representative claims

April 28, 2023

The first high-profile assessment of the ‘same interest’ test for representative actions under the Civil Procedure Rules since the Supreme Court’s ruling in Lloyd v Google [2021] UKSC 50.

How will the courts deal with conflicting statutory duties in judicial review claims?

April 25, 2023

The Supreme Court considered how the courts should approach instances where there appears to be a conflict between the statutory duties of a regulator and the Secretary of State, in circumstances where the Secretary of State directed the regulator not to exercise its statutory powers.

Court can refuse to accept party’s undertaking offered as part of settlement

April 20, 2023

High Court held that it does have jurisdiction to refuse to accept undertakings which a party had agreed to give to the Court as part of a settlement of a civil claim.

Proposed UK failure to prevent fraud offence

April 17, 2023

The UK Government intends to introduce a new "failure to prevent fraud" offence.

Ferraris, frauds and settlement agreements

April 12, 2023

The Court of Appeal has provided significant guidance on the principles applicable to the interpretation of settlement agreements.

Clarification on valid service of documents by email

April 05, 2023

The Civil Procedure Rule Committee has introduced an amendment to the CPR to clarify that multiple email addresses can be provided.

Commercial Court clarifies approach to US dollar interest awards

April 03, 2023

Clarifying the approach that the Court will take in relation to US dollar interest awards where there is no relevant contractual right to interest.