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Archive: November 2023

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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.

Spotlight on Commodities Disputes – Civil Fraud

November 07, 2023

Taking a look at six recent commodities cases involving fraud to identify key areas of risk and ways to mitigate it.

Court provides guidance on role of solicitors overseeing disclosure process

November 01, 2023

Discussing the decision in IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 2142 (TCC).