A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. By Oliver E. Browne and Alex Cox The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is referred to in witness statements, pleadings, and submissions.[i] The High Court’s recent decision in … Continue Reading
Two cases illustrate the narrow scope of application for exceptions to the without prejudice rule of legal privilege. By Stuart Alford and Clare Nida Background In two recent judgments, the High Court found exception to the ‘without prejudice’ rule of legal privilege. The rule protects statements made by parties to a dispute (whether written or … Continue Reading
The UK has taken steps to accede to the Lugano Convention 2007, as maintaining the status quo under the Brussels Recast Regulation 1215/2012 will no longer be an option once the transition period expires. By Oliver Browne, Sebastian Seelmann-Eggebert, and Tom Watret The UK has recently requested to join the Lugano Convention 2007, which is … Continue Reading
The CAT’s Royal Mail v. Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice. By David Little, Gregory Bonné, Alexandra Luchian, and Nathan Wilkins On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against a £50 million … Continue Reading
By Eleanor M. Scogings English High Court stays litigation pending mediation. In Ohpen Operations UK Limited v. Invesco Fund Managers Limited,[i] the English court held that mediation was a condition precedent to the commencement of litigation and, accordingly, stayed the proceedings to enable mediation to take place. The decision confirms that an alternative dispute resolution … Continue Reading
As litigation funders find new disputes markets, PE firms should consider litigation funding as a growth sector — and as a valuable tool for de-risking portfolio company claims. By Stuart Alford, Dan Smith, David Walker, Tom Evans, and Catherine Campbell Litigation funding, the third-party financing of legal costs in disputes, is increasingly common in the … Continue Reading
The decision clarifies how lawyer-client privilege applies in the context of transactions. By Daniel Smith and James Fagan The recent English High Court decision Raiffeisen Bank International AG v Asia Coal Energy Ventures Limited and Ashurst provides guidance on the application of legal advice privilege in a transaction context, confirming that confidential client instructions can … Continue Reading
The English Court has set aside permission to bring proceedings against foreign defendants based on non-disclosures and subsequent conduct. By Dan Smith and Duncan Graves The recent decision in Punjab National Bank (International) Limited v Ravi Srinivasan and others [2019] EWHC 89 (Ch) provides guidance on the proper conduct of an application for service out … Continue Reading
Judgment clarifies the exceptional circumstances in which anti-arbitration injunctions against foreign-seated arbitrations might be granted. By Oliver E. Browne and Robert Price In Sabbagh v Khoury, Justice Knowles in the High Court issued an anti-arbitration injunction to restrain arbitration proceedings commenced in Lebanon on the basis that, contrary to the Lebanese arbitral tribunal’s findings, the … Continue Reading
Decision clarifies the court’s limit of discretion in departing from Part 36 cost consequence rules, even if a party behaved dishonestly. By Oliver Middleton The Court of Appeal has overturned a decision at first instance in which a claimant accused of dishonesty was punished by way having to pay not only the usual costs for … Continue Reading
Favourable Supreme Court decision for ISPs finding they do not have to bear costs of complying with blocking orders. By Oliver Middleton Historically, internet service providers (ISPs) that have been ordered to block access to websites have had to bear their own costs of compliance on the basis that it was seen as being part … Continue Reading
New director Lisa Osofsky’s cross-border and corporate experience may lead the SFO in a fresh direction. By Stuart Alford QC and Clare Nida The announcement that Lisa Osofsky has been appointed as Director of the UK’s Serious Fraud Office (SFO) likely signals new strategic directions for the agency. For the past six years, the SFO … Continue Reading
England may become an increasingly attractive forum for follow on damages claims, particularly those involving indirect cartelised product purchases initially acquired outside EEA the in wake of iiyama decisions. By Oliver E. Browne and Hayley M. Pizzey Summary The English Court of Appeal has held iiyama’s two claims against cathode ray tube (CRT) cartelists and … Continue Reading
New “range of factors” test suggests broad use in future civil matters and fairer, more nuanced outcomes. By Daniel Smith and Alanna Andrew The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz[i] to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to … Continue Reading
By Stuart Alford QC, Daniel Smith and Clare Nida The English Court of Appeal provides further guidance, approving ENRC, on when litigation privilege will not apply to information gathering materials. The English Court of Appeal (Criminal Division) has ruled that litigation privilege does not apply to a statement an employee makes to his employer’s solicitors … Continue Reading
High Court decision provides practical lessons for companies conducting investigations. By Stuart Alford QC, Daniel Smith and Clare Nida The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of conducting litigation, and this can include … Continue Reading
By Oliver Browne and Hayley Pizzey In very broad terms, parties to English litigation disclose documents that they or their opponents may want to rely upon — even if the disclosed documents are adverse to the disclosing party. Parties may seek orders for further disclosure in certain circumstances. The rules on disclosure are set out … Continue Reading
By Howard Sobel, Michele Johnson, Sarah Diamond and Anna Hyde Following nearly every announcement of a public-company acquisition in the US, including take-private acquisitions by private equity investors, plaintiffs’ law firms file class actions on behalf of shareholders. These actions are usually based on allegations that the target board of directors breached fiduciary duty (for … Continue Reading
