With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more
8/15/2024
/ Access To Justice ,
Case Management ,
Class Action ,
Class Representatives ,
Equitable Relief ,
Google ,
Litigation Fees & Costs ,
Litigation Funding ,
Third Party Funding ,
UK ,
UK Supreme Court
Financial fraud is one of the most corrosive forms of corruption. Digital assets, and particularly cryptocurrency, are a ripe target for fraud. Frauds involving digital assets have grown significantly in recent years....more
7/17/2024
/ Anonymity ,
Cryptocurrency ,
Digital Assets ,
Digital Wallets ,
Fraud ,
Freezing Order ,
Innovation ,
Jurisdiction ,
Non-Fungible Tokens (NFTs) ,
Remedies ,
Securities Fraud ,
Service of Process ,
Technology Sector ,
UK
Fraud involving digital assets, specifically cryptocurrency, is rapidly increasing on both sides of the Atlantic. In the UK, the value of reported crypto-fraud increased 41% between 2022/2023 reaching a record £306m, whilst...more
5/2/2024
/ Anonymity ,
Asset Seizure ,
Bitcoin ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
Digital Wallets ,
Enforcement ,
Fraud ,
Jurisdiction ,
Non-Fungible Tokens (NFTs) ,
Service of Process ,
UK
The ESG litigation landscape is rapidly developing. Activist claimants, whose end-goal is to effect change in the management, ESG policies or ESG credentials of companies or regulated firms, are progressively pressurising...more
2/15/2024
/ Annual Meeting ,
Climate Change ,
Corporate Governance ,
Derivative Suit ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Publicly-Traded Companies ,
Risk Mitigation ,
Shareholder Activism ,
Shareholder Litigation ,
Shareholder Meetings ,
Shareholder Proposals ,
UK
The question of how to resolve mass torts is one that occupies the minds of all modern commercial litigators. Whether those mass torts involve personal injury or the mis-selling of financial products, resolution is a subject...more
A recent decision in the Birmingham County Court has added to the body of case law growing around the test for listing multiple claimants on the same claim form. In Angel and others v Black Horse Limited, unreported, 8...more
The High Court has ordered that ClientEarth pay Shell’s costs in connection with all aspects of ClientEarth’s unsuccessful application for permission to continue a derivative claim against Shell and its directors. This is a...more
The High Court has made a Group Litigation Order (GLO) in the class action proceedings of Tongue & Ors v Bayer Public Ltd Company & Ors [2023] EWHC 1792 (KB). This appears to be only the second GLO made by the High Court in...more
In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should...more
8/30/2023
/ Australia ,
Brazil ,
Class Action ,
Environmental Liability ,
Environmental Litigation ,
Jurisdiction ,
Parent Corporation ,
Property Damage ,
Remediation ,
Subsidiaries ,
UK ,
Wrongful Death
The Supreme Court’s decision in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 has caused a stir in the legal industry, leaving a number of...more
In February 2023 ClientEarth issued a derivative action against Shell’s 11 directors. ClientEarth alleged that the directors had breached their duties under the Companies Act 2006 (CA 2006) by failing to adopt and implement...more
5/24/2023
/ Board of Directors ,
Breach of Duty ,
Climate Change ,
Companies Act ,
Corporate Governance ,
Derivative Suit ,
Dismissals ,
Fiduciary Duty ,
Good Faith ,
Paris Agreement ,
Shareholder Litigation ,
Shareholders ,
Shell Oil ,
UK Companies Acts