Topic: 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.

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.

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.

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.

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.

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

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 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.

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.

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.