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Topic: Procedural

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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.

Potter’s PPI Claim: a wider reaching 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.

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.

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).

Alternative dispute resolution strategies

October 25, 2023

A quarter of a century since the Woolf Reforms introduced ADR, this article considers where the courts are now, and how businesses' strategies need to adapt.

Court of Appeal considers undertakings to court given in settlement agreements

October 17, 2023

Court of Appeal overturned the High Court’s decision in Smith v Blackhouse refusing to accept certain undertakings in a settlement agreement as undertakings to the Court because they were too wide and uncertain.

DIFC: injunctive relief for foreign proceedings only where DIFC Court has jurisdiction over respondent

October 12, 2023

Injunctive relief may only be granted in support of foreign proceedings if the claimant establishes that the DIFC Courts have jurisdiction over the respondent under a statutory gateway. If that is established, relief should be granted on established discretionary principles.

Denton tests apply when determining application to set aside default judgment

October 09, 2023

Court of Appeal clarified that the tests for relief from sanctions set out in Denton v TH White Ltd [2014] EWCA Civ 906 (Denton) also apply to an application to set aside default judgment.