The ruling clarifies that a litigant can withhold disclosure of communications even if the other person was unaware that the communication was for a privileged purpose. By Daniel Smith and Mair Williams In recent years, the English court has examined litigation privilege carefully. However, no aspect has been the subject of more scrutiny than the … Continue Reading
The ruling confirmed that Section 423 of the Insolvency Act 1986 has extensive international reach, and does not require a transaction at an undervalue to leave the debtor with insufficient assets. By Simon J. Baskerville, Oliver E. Browne, Jessica Walker, Daniel Smith, and Chris Attrill The English High Court has held that a creditor pursuing … Continue Reading
Landmark decision holds that the SFO does not have the power to procure documents from foreign companies outside the jurisdiction. By Stuart Alford QC and Callum Rodgers On 5 February 2021, the UK Supreme Court handed down a highly significant judgment in R (on the application of KBR, Inc) v Director of the Serious Fraud … Continue Reading
The Court found that the Administration of Justice Act 1920 should be interpreted purposively rather than literally. By Oliver E. Browne and Callum Rodgers The English Court of Appeal has considered for the first time whether the Administration of Justice Act 1920 should be interpreted as permitting the registration of a Commonwealth State judgment in … Continue Reading
English High Court holds that alleged breaches of a director’s statutory duties can engage the ‘iniquity exception’, which disapplies legal professional privilege under certain conditions. By Stuart Alford QC and George Schurr In Barrowfen Properties v Girish Dahyanhai Patel & Ors.,[i] the English High Court held that the ‘iniquity exception’ to legal professional privilege will … Continue Reading
High Court holds that English law legal advice privilege can extend to such communications regardless of whether or not the lawyers are in-house practitioners. By George Schurr In PJSC Tatneft v Gennady Bogolyubov & Ors.,[i] the English High Court held that legal advice privilege can apply to communications with foreign lawyers in certain circumstances. Specifically, … Continue Reading
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. By Oliver Middleton and Thomas F. Lane On 15 July 2020, the UK Supreme Court unanimously overturned a Court of Appeal decision that had barred a creditor of companies … Continue Reading
The ruling may point to a trend that English courts are ever more willing to intervene in managing confidentiality rings. By Hayley M. Pizzey In Infederation Limited v Google LLC and others[1] the English High Court considered the extent to which confidential information should be protected from disclosure in competition proceedings. In a somewhat novel … Continue Reading
The Court’s ruling supports the general principle that costs follow the event. By Oliver E. Browne and Robert Price In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English High Court held that any arbitration award as to costs stood or fell … Continue Reading
In a geopolitically significant case, the English High Court opined on important provisions of the EU sanctions regime. By Charles Claypoole, Robert Price, and Olivia Featherstone The judgment of the English High Court in Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v. International Military Services Limited [2019] EWHC … Continue Reading
By Paul Davies, Michael Green, Samuel Pape and Charles Rae In a recent decision, the High Court has ruled that Unilever plc (Unilever), the ultimate holding company of the Unilever Group, does not owe a duty of care to protect the employees and residents of a tea plantation owned and operated by a Kenyan subsidiary … Continue Reading
By Jumana Rahman and Hayley Pizzey Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) Summary The English High Court has held that asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of the Recast Brussels Regulation[1] (the Recast Regulation). Where claims are issued by disputing parties in the courts of two … Continue Reading
By Paul Davies and Michael Green In a highly anticipated judgment, the English High Court has ruled that Royal Dutch Shell (RDS), a holding company that is the ultimate parent of the Shell Group, does not owe a duty of care to residents of the Niger Delta in respect of alleged environmental damage said to … Continue Reading
By Oliver Browne and Hayley Pizzey Anyone engaged or interested in the electronic disclosure process should pay close attention to the landmark decision handed down earlier this year by the English High Court in Pyrrho Investments Ltd v MWB Property Ltd (‘Pyrrho’),[1] the first ever decision on the use of predictive coding software. What is … Continue Reading
By Simon Bushell Much like the English Scheme of Arrangement which has become a popular debt restructuring solution for international debtors, the English High Court is an attractive forum for insolvency litigation thanks to the potent combination of wide-ranging powers available to Insolvency Practitioners (IPs) under the Insolvency Act 1986, and the increasing availability of … Continue Reading
