Litigation Notes

Court of Appeal finds party cannot avoid paying debt by relying on non-fulfilment of condition precedent caused by its own breach of contract

Competition Appeal Tribunal considers when funders can be paid out of agreed damages following settlement of collective proceedings

The Competition Appeal Tribunal ("CAT") has held that the class representative in the ongoing "Maritime Car …

Retained EU law: Supreme Court clarifies law that applies to pre-Brexit causes of action

Court of Appeal decision on committal for contempt of court

A recent Court of Appeal decision confirms a number of points relating to applications to commit a party for contempt of court, including: Costs …

Asymmetric jurisdiction clauses: High Court enforces exclusive element of clause by anti-suit and anti-enforcement injunctions

The High Court has allowed a bank's application for a final anti-suit injunction (ASI) and anti-enforcement injunction (AEI), aimed at restraining …

Former directors of BHS liable for wrongful trading and misfeasance

Commercial litigation podcast series – Episode 25: Special edition on the Hague Judgments Convention 2019

The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution

Litigation developments: England and Wales – Quarterly update

Court of Appeal finds payment obligations under letters of credit suspended by UK Russian sanctions regime

The Court of Appeal has held that the UK sanctions regime excused a bank from making payment under various letters of credit issued in connection with …

Experts' joint statements: the consequences of parties interfering in the process

High Court confirms actual ownership of funds must be established before offence can be made out under Russian sanctions prohibitions

The High Court has considered whether a "reasonable cause to suspect" is sufficient, on its own, to establish an offence under Regulation 11 of …