News & Analysis as of

United Kingdom Appellate Courts

Cooley LLP

Freeze! Do You Have a ‘Good Arguable Case’?

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In dos Santos v. Unitel S.A., the Court of Appeal helpfully cut through some conflicting authorities and restated a key requirement that applicants must satisfy to be granted freezing injunctions....more

Paul Hastings LLP

CPR Changes Bring Mandatory ADR, From 1 October 2024

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The Civil Procedure Rules (“CPR”) have been amended to reflect the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ. 141. The courts in England and Wales can now order parties to...more

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

Paul Hastings LLP

Artificial Intelligence Patents: Reflections on Recent US v EU v UK Approaches

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The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades. This has led to...more

Latham & Watkins LLP

English Court of Appeal Ruling on Alternative Dispute Resolution Aims to Weed Out Resolvable Litigation

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A recent ruling confirms judicial discretion to stay proceedings and instruct parties to seek non-court-based alternatives to litigation. The UK Court of Appeal has ruled that the court has the authority to stay...more

Morrison & Foerster LLP

Darty Holdings SAS v Geoffrey Carton-Kelly: To Decide or Not to Decide?

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In this client alert, we set out the key findings by the Court of Appeal in Darty Holdings SAS v Geoffrey Carton-Kelly [2023] EWCA Civ 1135, which considers an appeal against the High Court decision that a repayment by Comet...more

Dechert LLP

Dechert Cyber Bits - Issue 21

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US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

BCLP

Setback for defendants in international environmental group claims

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The judgment of the Court of Appeal on 8 July in Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Limited [2022] confirms once again the difficulties faced by UK defendants in bringing international environmental tort...more

BCLP

Marking your letter “subject to contract”: what does the label mean? Recent English Court of Appeal judgment

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It is not uncommon to start a correspondence with a “subject to contract” label. But what does this mean? What is its legal effect?...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments For May 2020

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

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