In Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144, the English Court of Appeal granted an anti-suit injunction to restrain Russian court proceedings brought in breach of an agreement to arbitrate in Paris,...more
A challenge to a Court judgment on grounds of fraud brings into conflict two fundamental principles of English law: (i) the finality of judgments; and (ii) the principle that fraud unravels all. Given the importance of the...more
In its long-awaited judgment, the English High Court1 has found that the British software firm Autonomy defrauded the US tech giant Hewlett-Packard (HP) and induced its own acquisition for the price of US$11.1bn...more
5/27/2022
/ Acquisitions ,
Antitrust Litigation ,
Appeals ,
Business Litigation ,
Corporate Governance ,
Damages ,
EU ,
Fraud ,
Hewlett-Packard ,
Investors ,
Misrepresentation ,
Startups ,
Technology Sector
The Court of Appeal has confirmed in Bank St Petersburg PJSC v Vitaly Arkhangelsky that the correct standard of proof where issues of dishonesty arise is not a ‘heightened’ civil standard, but the balance of probabilities....more
4/2/2020
/ Appeals ,
Burden of Proof ,
Complex Litigation ,
Counterclaims ,
Evidentiary Rulings ,
Evidentiary Standards ,
Fraud ,
Pleading Standards ,
Remand ,
Reversal ,
Standard of Review ,
UK
In perhaps the clearest statement on this issue to date, the Court of Appeal in The Civil Aviation Authority v R (on the application of Jet2.com Limited), has confirmed the "dominant purpose" test for legal advice privilege....more
In Vneshprombank LLC v Georgy Bedzhamov and ors [2019] EWCA Civ 1992 the Court of Appeal reaffirmed the approach to ascertaining the "ordinary living expenses" of a respondent to a freezing injunction....more
The increasing accessibility of digital media has enabled businesses to become not only readers, but also publishers of their own information and opinions. This in turn requires due consideration of the limits of what can,...more
6/24/2019
/ Appeals ,
Defamation ,
Digital Media ,
Dismissals ,
Libel ,
Newspapers ,
Reputational Injury ,
Reversal ,
Serious Harm Standard ,
UK ,
UK Supreme Court
In a decision handed down last week, Jofa Limited and Joseph Farah v Benherst Finance Limited and Chestone Industry Holding [2019] EWCA Civ 899, the Court of Appeal considered the rules regarding the costs of applications for...more
6/10/2019
/ Appeals ,
Disclosure ,
Document Productions ,
Duty of Confidentiality ,
Financial Institutions ,
Fraud ,
Litigation Fees & Costs ,
Norwich Orders ,
Pre-Suit Investigation ,
Request for Production ,
Third-Party ,
UK
In a decision handed down last week, Michael Wilson & Partners Ltd v John Forster Emmott [2019] EWCA Civ 219, the Court of Appeal has reviewed the authorities relating to removing, following judgment, the so-called Angel Bell...more
3/12/2019
/ Angel Bell Exceptions ,
Appeals ,
Arbitration Awards ,
Asset Freeze ,
Carve Out Provisions ,
Freeze Order ,
Judgment Debtors ,
Mareva Injunctions ,
Ordinary Course of Business Defense ,
Post-Judgment Enforcement Actions ,
Reaffirmation ,
UK