Recent court decisions have signaled the English courts’ willingness to embrace multi-claimant litigation and to broaden the types of questions decided on a collective basis. These developments have led UK-based plaintiffs’...more
The rule against reflective loss bars claims against wrongdoers by shareholders of a company (for instance for the diminution in the value of their shareholding) where the shareholder’s loss is merely reflective of the loss...more
7/20/2020
/ Board of Directors ,
Business Losses ,
Corporate Misconduct ,
Creditors ,
Foreign Judgments ,
Fraud ,
Fraudulent Transfers ,
Freezing Order ,
Insolvency ,
Reflective Loss Rule ,
Reversal ,
Shareholders ,
UK Supreme Court
Bank Mellat v HM Treasury [2019] EWCA Civ 449 -
Synopsis -
Obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from...more
4/9/2019
/ Appeals ,
Application of Foreign Laws ,
Banks ,
Burden of Proof ,
Confidential Documents ,
Conflicts of Laws ,
Criminal Liability ,
Customer Information ,
Discovery ,
Discovery Disputes ,
Document Productions ,
HM Treasury ,
International Litigation ,
Iran ,
Judicial Discretion ,
Privacy Laws ,
Redacted Documents ,
Request for Production ,
Trial Court Orders ,
UK
The English Court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings. In our August 2018 update we reported on the decision of the English Court of...more
In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited,1 the Court of Appeal helpfully summarised the justifications for the English law rule against claims for reflective loss and confirmed that the rule...more
UK Supreme Court clarifies effect of aggregation wording: AIG Europe Limited v Woodman -
In a long awaited judgment, which will affect all organisations with professional indemnity insurance, the Supreme Court has...more