The Competition Appeal Tribunal has handed down a judgment determining several preliminary issues in the £17 billion collective action brought against Mastercard in relation to anti-competitive multilateral interchange fees,...more
The judgment of the Court of Appeal on 8 July in Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Limited [2022] confirms once again the difficulties faced by UK defendants in bringing international environmental tort...more
Our insight into a recent judgment of the Court of Appeal: the judgment provides valuable analysis from the Court of Appeal as to the legal principles and the policy considerations around what constitutes an abuse of process...more
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
The Court of Appeal has strongly dismissed an appeal against the Competition Appeal Tribunal’s (“CAT’s”) decision that it would be an abuse of process for certain truck manufacturers to seek to challenge the facts recorded in...more
On 24 January 2020, the Court of Appeal delivered its judgment in Aljawharah Bint Ibrahim Abdulaziz Alibrahim v Asturion Fondation ([2020] EWCA Civ 32) in relation to the question of whether “warehousing” constitutes an abuse...more
English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Introduction - In Takhar v Gracefield Developments Limited and others...more
The Court of Appeal has provided important guidance on the circumstances in which a court claim can be struck out as an abuse of process on the basis that it forms a collateral attack on a prior arbitral award between...more