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Recent English Law Developments Invite Mass Tort and Other Multi-Claimant Litigation

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

UK Supreme Court gives boost to creditors: bar on recovery of “reflective loss” relaxed in Sevilleja v Marex Financial Ltd

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

Potential Criminality Under Foreign Law Not a Bar to Disclosure of Documents in English Civil Proceedings

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

English Court Reiterates Importance of the Principle of Open Justice and Confirms That a Non-Party’s Reasons for Seeking...

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

English Court of Appeal Clarifies the Ambit of the Rule Against Reflective Loss

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

The importance of aggregation clauses in professional clauses in professional indemnity insurance policies

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

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