Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more
English courts will seek to determine the objective meaning of a contractual provision when a dispute as to its interpretation arises. The starting point is the ordinary meaning of the words in the agreement but as and when...more
The UK Government has announced its readiness to introduce legislative reform aimed at countering the recent surge in a perceived form of tactical libel action, known in the press as “Strategic Lawsuits Against Public...more
In Lavinia Deborah Osbourne v Persons Unknown, Ozone [2022] EWHC 1021 (Comm), the High Court (His Honour Judge Pelling QC) confirmed that there is “at least a realistically arguable case” that non-fungible tokens (“NFTS”) are...more
The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”).
The ruling is important for business interruption policy...more
1/18/2021
/ Business Interruption ,
Business Losses ,
Coronavirus/COVID-19 ,
Financial Conduct Authority (FCA) ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
UK ,
UK Supreme Court
On 30 November 2020, the UK High Court handed down judgment in the relief phase of the case of Otello Corporation ASA v. Moore Freres & Company LLC and Last Lion Holdings Limited (BL-2018-000840).
Dorsey & Whitney advised...more
On 15 September 2020, the High Court in London delivered an important judgment on liability for business interruption insurance.
The ruling provides much needed clarification for policyholders, in view of the detrimental...more
The Supreme Court Judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31, handed down on 15 July 2020, clarifies and substantially confines the scope of the doctrine of reflective loss.
The Court, in a majority...more
On 1 June 2020, the High Court found that, by using references to their lawyers’ legal advice in support of its case that the transactions that formed the subject matter of the application were lawful, a bank had waived...more
At the present time, due to the global outbreak of Covid-19 and the international response to it, many otherwise economically viable UK businesses find themselves subject to considerable financial pressure. There are a...more
It has now been more than three months since the UK Government imposed a nationwide lockdown. Whilst certain businesses are beginning to resume operations, many still face an uncertain future....more
As the economic impacts of the pandemic continue, many businesses in the UK will be turning to their insurance providers to claim under their Business Interruption policies in respect of financial losses arising from...more
As a result of the Coronavirus pandemic and the related lock-downs, many businesses will find that counterparties owe them fixed obligations, for example debt payments, but say that they are unable to fulfill these...more
As the economic impacts of the COVID-19 pandemic continue to grow, many businesses are faced with unprecedented challenges.
As businesses struggle economically, they may face pressure from their contractual counterparties...more
A recent Court of Appeal case, Allen t/a David Allen Chartered Accountants v Pollock and Anr [2020] EWCA Civ 258, has considered the liability that can arise where one business poaches an employee from a rival business, in...more
The ongoing COVID-19 pandemic and the related economic downturn are impacting businesses worldwide. Many deals and transactions that were under negotiation in the period leading up to the current health crisis are now falling...more
In these unprecedented times, many contracts are increasingly under strain. The economic effects of the COVID-19 pandemic have caused shocks throughout the global economy and have led to government interventions that would...more
The continuing COVID-19 pandemic is causing significant disruption across the globe with governments implementing a variety of measures, including travel restrictions, nationwide lockdowns and the cancellation of large-scale...more
Existing Test -
Legal Advice Privilege (“LAP”) allows a party to withhold from disclosure communications between a lawyer and client, which are confidential and for the dominant purposes of obtaining legal advice.
This...more
Two recent decisions of the English High Court have considered the availability of legal professional privilege in relation to internal investigations. In both cases the availability of legal professional privilege has been...more
As in so many other areas, the effect of the decision to leave the European Union in the referendum on 23 June 2016 on litigation in England and Wales in still highly uncertain. There are a number of issues that the UK...more
7/18/2016
/ Choice-of-Law ,
Contract Interpretation ,
Corporate Counsel ,
Debt Collection ,
EU ,
Force Majeure Clause ,
Intent of the Parties ,
Jurisdiction ,
Material Adverse Effects ,
Member State ,
Service of Process ,
UK ,
UK Brexit ,
Young Lawyers
As of 1 October 2014, the London Court of International Arbitration’s (LCIA) new rules (the LCIA Arbitration Rules 2014) take effect bringing about wholesale changes to the powers of LCIA arbitrators.
The rules retain...more