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Fallout from Supreme Court decision on litigation funding arrangements

November 27, 2023

Helen Fairhead Nuala Canavan Emma Foord

Posted in Group action litigation Procedural

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

James Lockwood Emily Smith Jack Beevers

Posted in Fraud Procedural

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

Andrew Reeves David Harris Stuart Neely Claudia Van Gruisen Thomas Hubbard Maddi Parker

Posted in Business and human rights Capital markets Environmental and social governance Fraud Investigations White collar crime

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

Antony Corsi Gill Davy

Posted in Privilege and disclosure Procedural

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 17, 2023

Dominic Stuttaford Ruth Cowley Andrew Judkins

Posted in Contractual interpretation Investigations Procedural

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

Adam Sanitt

Posted in Contractual interpretation Procedural

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.