The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds....more
As collective redress actions rise, sponsor and corporate statements are under high scrutiny, with an industry developing to take advantage....more
6/26/2024
/ Class Action ,
Environmental Social & Governance (ESG) ,
Investors ,
Litigation Funding ,
Private Equity ,
Private Equity Firms ,
Publicly-Traded Companies ,
Risk Mitigation ,
Shareholder Activism ,
Shareholder Litigation ,
Shareholders ,
UK
While class actions are well established in the US, they are increasingly common in the UK, driven by market volatility, availability of litigation funding, legal reforms, regulatory settlements, and growing scrutiny of...more
5/29/2024
/ Acquisitions ,
Class Action ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
FSMA ,
Mergers ,
Opt-Outs ,
Publicly-Traded Companies ,
Risk Mitigation ,
Shareholder Litigation ,
Shareholders ,
UK
The English High Court found that a current risk of unfair trial in Russia justified declining to enforce Russian exclusive jurisdiction clauses.
The English High Court has cleared the way for major aviation insurance...more
5/1/2024
/ Aircraft ,
Aviation Industry ,
Commercial Leases ,
Contract Termination ,
Exclusive Jurisdiction ,
Insurance Industry ,
Material Adverse Change Clauses (MACs) ,
Reinsurance ,
Russia ,
UK ,
Ukraine
The time is right to review the rules on electronic service, says judge in a case involving invalid service of claim form.
A recent decision in the English High Court highlights the continued need for litigants to...more
Welcome to our London Litigation Year in Review and 2024 Outlook. In this report, we examine the litigation trends that shaped the commercial landscape in 2023 and look at how these developments are likely to play out in the...more
1/19/2024
/ Antitrust Litigation ,
Artificial Intelligence ,
Banking Sector ,
Criminal Investigations ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Financial Institutions ,
Shareholder Litigation ,
White Collar Crimes
For parties to securities claims, a recent ruling clarifies that representative actions under CPR 19.8 do not oust the High Court’s jurisdiction to case manage such claims.
The Commercial Court has struck out the first...more
A class action by 202,600 claimants arising from the collapse of the Fundão dam in Brazil was struck out as abuse of process.
Background -
In Município De Mariana & Ors v. BHP Group Plc & Anor (Rev 1), the largest group...more
12/3/2020
/ Abuse of Process ,
Beneficial Owner ,
Brazil ,
Class Action ,
Corporate Counsel ,
Corporate Governance ,
Dismissals ,
Environmental Liability ,
Environmental Social & Governance (ESG) ,
Multinationals ,
Parent Corporation ,
Remediation ,
Settlement ,
UK ,
UK Supreme Court
The decision overturns a series of cases deemed to have over-expanded a principle preventing shareholders from claiming against third parties for falls in a company’s value.
On 15 July 2020, the UK Supreme Court...more
FCA announces steps to obtain clarity for insurers and policyholders.
The Financial Conduct Authority (FCA) announced today, 1 May 2020, that it is taking steps to resolve contractual uncertainty in business interruption...more
Companies must mitigate risks to antitrust privilege posed by cross-border megadeals and increased regulatory demand for documentation.
A strong M&A market has driven a high volume of megadeals across the globe in recent...more
10/29/2019
/ Acquisitions ,
Antitrust Provisions ,
Attorney-Client Privilege ,
Contract Terms ,
Corporate Counsel ,
Cross-Border Transactions ,
EU ,
European Commission ,
Jurisdiction ,
Mergers ,
Regulatory Agencies ,
Risk Management ,
UK ,
UK Competition and Markets Authority (CMA)
Decision clarifies the court’s limit of discretion in departing from Part 36 cost consequence rules, even if a party behaved dishonestly.
The Court of Appeal has overturned a decision at first instance in which a claimant...more
Favourable Supreme Court decision for ISPs finding they do not have to bear costs of complying with blocking orders.
Historically, internet service providers (ISPs) that have been ordered to block access to websites have...more