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Arbitration or Winding-Up? Privy Council Decision in Sian Participation Corp v. Halimeda Overrules Traditional English Approach

The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds....more

Navigating the Rise of UK Class Actions Implications for Private Equity

As collective redress actions rise, sponsor and corporate statements are under high scrutiny, with an industry developing to take advantage....more

Corporates and Dealmakers Must Prepare For Increased UK Class Action Claims

While class actions are well established in the US, they are increasingly common in the UK, driven by market volatility, availability of litigation funding, legal reforms, regulatory settlements, and growing scrutiny of...more

Russian Exclusive Jurisdiction Clauses Fail to Stop Aviation Insurance Litigation in England

The English High Court found that a current risk of unfair trial in Russia justified declining to enforce Russian exclusive jurisdiction clauses. The English High Court has cleared the way for major aviation insurance...more

English High Court Urges Reform of Service by Email

The time is right to review the rules on electronic service, says judge in a case involving invalid service of claim form. A recent decision in the English High Court highlights the continued need for litigants to...more

London Litigation Year in Review and 2024 Outlook

Welcome to our London Litigation Year in Review and 2024 Outlook. In this report, we examine the litigation trends that shaped the commercial landscape in 2023 and look at how these developments are likely to play out in the...more

English High Court: Bifurcation in Representative Actions Is a Solution, Not the Purpose

For parties to securities claims, a recent ruling clarifies that representative actions under CPR 19.8 do not oust the High Court’s jurisdiction to case manage such claims. The Commercial Court has struck out the first...more

High Court Strikes Out “Largest White Elephant in the History of Group Actions”

A class action by 202,600 claimants arising from the collapse of the Fundão dam in Brazil was struck out as abuse of process. Background - In Município De Mariana & Ors v. BHP Group Plc & Anor (Rev 1), the largest group...more

UK Supreme Court Narrows Scope of “Reflective Loss” Principle

The decision overturns a series of cases deemed to have over-expanded a principle preventing shareholders from claiming against third parties for falls in a company’s value. On 15 July 2020, the UK Supreme Court...more

FCA to Apply for Court Declaration on Business Interruption Insurance Policies

FCA announces steps to obtain clarity for insurers and policyholders. The Financial Conduct Authority (FCA) announced today, 1 May 2020, that it is taking steps to resolve contractual uncertainty in business interruption...more

Protect Your Antitrust Privilege — Why M&A Dealmakers Must Take a Strategic Approach to Privilege

Companies must mitigate risks to antitrust privilege posed by cross-border megadeals and increased regulatory demand for documentation. A strong M&A market has driven a high volume of megadeals across the globe in recent...more

UK Court of Appeal Confirms Rigidity of Part 36 Convention

Decision clarifies the court’s limit of discretion in departing from Part 36 cost consequence rules, even if a party behaved dishonestly. The Court of Appeal has overturned a decision at first instance in which a claimant...more

6/28/2018  /  Appeals , Bodily Injury , UK

A Significant Win for ISPs: UK Supreme Court rules on blocking order compliance costs

Favourable Supreme Court decision for ISPs finding they do not have to bear costs of complying with blocking orders. Historically, internet service providers (ISPs) that have been ordered to block access to websites have...more

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