News & Analysis as of

UK Supreme Court Damages

Cooley LLP

UK Supreme Court Emphasises Importance of Mitigation in Sale of Goods Claims

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In its judgment in Sharp Corporation Ltd v. Viterra BV handed down last month, the UK Supreme Court held that damages for nonacceptance of goods should be determined by reference to the realisable value of the goods left in...more

Hogan Lovells

UK Government introduces Bill to reverse UK Supreme Court PACCAR ruling

Hogan Lovells on

The Bill is intended to restore the previous status quo in which litigation funding agreements were distinct from damages-based agreements and were not required to comply with additional special conditions....more

Faegre Drinker Biddle & Reath LLP

UK Supreme Court Ruling Sends Shockwaves into English Litigation Funding Regime

The UK Supreme Court (UKSC) recently ruled, by a majority of four-to-one, that litigation funding agreements (LFAs) — which entitle litigation funders to a payment based on the level of damages recovered in the case — are...more

Morrison & Foerster LLP

Has the Gravy Train (or Truck) Been Derailed for Litigation Funders? UK Supreme Court Deals Blow to Litigation Funders

In the recent case of R (PACCAR Inc & ors.) v Competition Appeal Tribunal & ors [2023] UKSC 28, the UK Supreme Court found that litigation funding agreements (“LFAs”) involve the provision of “claim management services”,...more

Hogan Lovells

UK Supreme Court judgment opens up potential for a “radical review” of the entire litigation funding sector

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UK Supreme Court judgment requires litigation funding agreements to comply with additional conditions. In a judgment released this week the Supreme Court has held that litigation funding agreements (“LFAs”), by which a...more

Jones Day

English High Court Confirms Narrow Approach to Assessment of Data Breach Liability

Jones Day on

On 31 January 2022, the English High Court delivered its judgment in Stadler v Currys Group Limited (EWHC 160 (QB)); the latest in a series of rulings which appear set to constrain the relatively nascent UK data breach claims...more

Pillsbury Winthrop Shaw Pittman LLP

Data Privacy Fines and Damages “Double Jeopardy”: UK Supreme Court Hears Google “Class Action”

his week sees a key hearing before the UK Supreme Court in the case of Lloyd v Google, an event long awaited by those familiar with data protection law proceedings in Europe. The case concerns the so-called “safari...more

BCLP

Claims for overseas environmental harm and human rights infringements proceed in England against UK parent companies

BCLP on

Last month, the UK Supreme Court overturned the judgment of the Court of Appeal and allowed a claim for damages from claimants in the Niger Delta to proceed against Royal Dutch Shell plc and its local subsidiary Shell...more

A&O Shearman

UK Supreme Court Judgement in Servier Competition Damages Litigation

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Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings - On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages...more

Dorsey & Whitney LLP

Defamation Claims in UK Require Proof of “Serious Harm”

Dorsey & Whitney LLP on

The English courts have traditionally been a popular forum for defamation claims, not least because English law allows even non-residents who have minimal reputation in the UK to sue for defamation in the English courts and...more

Hogan Lovells

Legal and Financial Risk Newsletter – May 2019

Hogan Lovells on

UK class actions revived? The Court of Appeal breathes life into Merricks' £14 billion claim against MasterCard - The Court of Appeal has allowed Walter Merricks' appeal of the Competition Appeal Tribunal's (the "CAT")...more

Hogan Lovells

Up, up, and...not away - English High Court faults SPA target in the aerospace industry for inadequate financial projections

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The English High Court, in Triumph Controls UK Ltd v Primus International Holding Co [2019] EWHC 565 (TCC), has found that proper, accurate financial projections by the sellers would have resulted in a lower purchase price...more

Latham & Watkins LLP

When Can an Order Requiring Payment Stifle an Appeal?

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Recent UK Supreme Court decision could have far-reaching consequences for appeals - In a split decision, the Supreme Court recently considered whether an order requiring an appellant to pay money (that the appellant does...more

Latham & Watkins LLP

High Court Willing to Set Aside Arbitral Awards on Public Policy Grounds

Latham & Watkins LLP on

On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more

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