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Two Judgments on Forum Challenges

Two notable English court judgments on jurisdiction have been handed down in the last few months – the first being the Court of Appeal’s decision in Limbu & Others v. Dyson Technology Ltd & Others [1], and the second the High...more

Money Laundering: The UK Supreme Court’s Decision in El-Khouri Changes Scope of Extraterritoriality Under POCA

In the recent judgment in El-Khouri v. Government of the United States of America, a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on...more

Court of Appeal Split on Scope of Exclusion Clause

In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...more

Commercial Purpose Key to Interpreting Claims Notice Clauses

The English Court of Appeal’s recent decision in Drax Smart Generation Holdco Ltd v. Scottish Power Retail Holdings Ltd put commercial purpose at the heart of interpretation of a claims notice clause, thereby avoiding the...more

UK Supreme Court Confirms Requirements for Claims in ‘Knowing Receipt’

At the end of 2023, the UK Supreme Court handed down judgment in Byers and others v. Saudi National Bank. Unanimously dismissing the appeal, the Supreme Court definitively determined that a claim in knowing receipt cannot be...more

Court of Appeal Sets Out Correct Approach to Material Adverse Change in Respect of Prospects Warranties

In an update to our May 2023 blog on the case, the Court of Appeal has held in Decision Inc Holdings Proprietary Ltd & Another v. Stephen Garbett & Another that the High Court erred both in its interpretation of and approach...more

Court of Appeal Holds That Courts Can Order Parties to Engage in Dispute Resolution

The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a...more

12/1/2023  /  Appeals , Dispute Resolution , Mediation , UK

Reflective Loss Principle: Sufficiently Settled for Summary Determination

In its judgment in Burnford & Others v Automobile Association Developments Ltd, the Court of Appeal has provided a useful summary of the current status of the ‘reflective loss’ principle – the rule that shareholders cannot...more

12/8/2022  /  Appeals , EBITDA , Shareholders , UK

Obtaining Disclosure from Third Parties Outside the Jurisdiction Now Easier

Two recent developments have made it easier for those litigating in England and Wales to obtain information and documents from third parties outside the jurisdiction: the first is a new jurisdictional gateway for applications...more

11/4/2022  /  Appeals , Disclosure , Jurisdiction , UK
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