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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

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

Not Everyone Finds Brexit Frustrating

The English High Court has ruled that Brexit cannot be used as a reason to terminate a contract on the grounds of frustration. While the judgment concerned the effects of Brexit on a commercial lease, it reaches further than...more

English Court of Appeal clarifies the rules regarding non-party access to documents filed with the court

The English court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings, such as statements of case (including the claim form, particulars of claim,...more

Damages for Late Payment of Insurance Claims - Enterprise Act 2016

At present there is no right to damages if an insurer in the UK takes an unreasonable period to settle a claim. Late payment of claims can create genuine hardship for an insured. This could all be set to change from 4 May...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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