On 25 February 2022, the Court of Appeal (Sir Julian Flaux, Chancellor of the High Court, Phillips and Stuart-Smith LJJ) handed down judgment in the case of SKAT v Solo Capital Partners [2022] EWCA Civ 234.
James Petkovic has written an article for PLC on risks faced by companies arising out of environmental, social or governance (ESG) concerns. This is presently an extremely active area of litigation with multiple claims before, or recently before, the Courts seeking recovery based on ESG concerns.
In this webinar, Alexander Brown considers the distinction between penalties and liquidated damages, looking at the leading case (Cavendish v Makdessi; ParkingEye v Beavis), the law applied since Cavendish, and practical tips for drafting an enforceable clause which will not be considered a penalty.
On 10 February 2022, Mr Justice Butcher handed down judgment in the case of Cardiorentis AG v IQVIA Ltd v IQVIA RDS, Inc. [2022] EWHC 250 (Comm). Following a 7-week trial in the Commercial Court, Mr Justice Butcher dismissed Cardiorentis’ claim for wasted expenditure of about €100 million and awarded judgment in favour of IQVIA Ltd on unpaid invoices.
The Competition Appeal Tribunal (CAT) has handed down an important judgment about market investigations.
Cockerill J handed down judgment in Kwok and oths v UBS [2022] EWHC 245 (Comm) on jurisdiction under the 2007 Lugano Convention.
Ocado Group Plc v Raymond McKeeve [2021] EWHC 3542 (Ch)
On 1 December 2021 Mr Justice Marcus Smith handed down judgment in the case of Genius Sports Technologies Ltd & ors v Soft Construct (Malta) Ltd & ors [2021] EWHC 3200 (Ch). Applying the recent Judgment of the UK Supreme Court in Lloyd v Google [2021] UKSC 50, the Court rejected the Claimants’ proposal for joinder of five defendants in a non-participating representative capacity.
On 1 November 2021, Mrs Justice Moulder handed down judgment in the case of The ECU Group Plc v HSBC Bank UK Plc.
On 20 October 2021, the Court of Appeal (Lewison, Henderson and Asplin LJJ) handed down its judgment ([2021] EWCA Civ 1523) in a landmark case concerning how a surplus (estimated to be between £800 million and £1 billion) should be divided among the subordinated creditors in the administrations of LB Holdings Intermediate 2 Ltd and Lehman Brothers Holdings PLC.
The Commercial Court (Financial List) has given a significant judgment in the first of the Italian swaps cases to consider the landmark Italian Supreme Court decision in Banca Nazionale Del Lavoro S.P.A v Municipality of Cattolica, holding that it was open to the English court to diverge from an authority of the highest court in a foreign legal system if satisfied on the evidence that the authority does not represent the law.
The Privy Council has (by a 4:3 majority) rejected the need for a locally justiciable cause of action as a precondition on the power to grant interim injunctions.