Litigation

Latest news, analysis and white papers on litigation and dispute resolution matters in the UK. Subscribers to the Litigation Tracker can also access a searchable database of cases and judgments. For details on how to subscribe, email the Litigation Tracker team or call on 020 7970 4275.

 

Commercial Court upholds jurisdiction challenge and strikes out claims in respect of the collapse of Russian bank, Promsvyazbank

Following the collapse of Promsvyazbank (“PSB”) in 2017, a group of the bank’s customers (the Claimants) alleged that PSB’s relationship managers had induced them into using their bank deposits to invest in certain Notes (which ultimately did not pay out).  The Claimants alleged that there was a fraudulent conspiracy to obtain their money, and brought […]

Cayman CA confirms dismissal of US$2bn claim by Madoff feeder fund

Primeo Fund (In Official Liquidation) v (1) Bank of Bermuda (Cayman) Limited (2) HSBC Securities Services (Luxembourg) SA Following a two-week appeal hearing in late 2018, the Cayman Islands Court of Appeal (Beatson, Birt and Field JJA) has upheld the dismissal of a US$2bn professional negligence claim against HSBC arising out of the Madoff investment […]

No5 barrister to be part of proceedings at UK Supreme Court for Brexit hearing

A No5 barrister who specialises in judicial review and public law will be part of the proceedings at the Supreme Court on September 17 as Brexit comes under legal scrutiny once again. Ramby de Mello was instructed to make written submissions on behalf of two groups of clients as the Supreme Court hears a Brexit-related […]

Lord Sumption

“The government has behaved disgracefully,” claims former Supreme Court judge

Former Supreme Court judge Lord Sumption has claimed that Prime Minister Boris Johnson has taken a “hammer and sickle” to the UK’s political culture and that the UK Government has acted “disgracefully.” Speaking to Newsnight yesterday (September 16) on the legality of leaving the European Union without a deal, Sumption said he could not see how […]

BNP

Simmons fails to secure victory for BNP Paribas in discrimination suit

An employment tribunal judge has ruled a female BNP Paribas broker faced sexual discrimination and victimisation from male colleagues at the bank. Stacey Macken brought a £4m sexual discrimination and victimisation suit against the bank, alleging she was paid less than her male counterparts and subjected to sexist behaviour, that included colleagues leaving a witch’s […]

Eiffel Tower Paris

Freshfields targets boutique in rare Paris lateral

Freshfields Bruckhaus Deringer has lured in a new litigation partner in its Paris office, targeting a boutique that has also suffered recent defections to another international firm. Freshfields has hired Christophe Seraglini, the name partner of French boutique Betto Seraglini. The hire deals a blow to the local firm, which has recently been hit by two […]

New Brexit case seeks to take Article 50 extension letter out of PM’s hands if he pursues ‘dead in a ditch’ obstruction tactic

After prorogation of Parliament was deemed unlawful by the Scottish courts on Wednesday, Prime Minister Boris Johnson is now facing another Brexit battle north of the border against Balfour & Manson and Jolyon Maugham QC’s Good Law Project. This is part of a new injunction brought by the founder of green energy company Ecotricity, Dale […]

Chiraag Shah

MoFo ramps up lateral hiring strategy with Kirkland hire

Morrison & Foerster (MoFo) has brought in a new partner from Kirkland & Ellis to develop its international arbitration capabilities in London, the latest in a series of hires for the firm. The firm has hired partner Chiraag Shah, who has spent over 12 years in the arbitration and litigation group of the US powerhouse […]

Two QCs and two barristers involved in trial after fatal shooting

Four counsel from No5 Barristers’ Chambers were involved in a murder trial following the shooting of Dwaine Junior Haughton in Wolverhampton. Four men were convicted of the killing after a six-week trial at Wolverhampton Crown Court in which Michael Burrows QC and Antonie Muller acted for the prosecution. Montell Gray, 22, of Springhill Road, Wolverhampton, […]

Nicola Foulston, Rosenblatt

Rosenblatt hires from Big Four for white collar launch

Rosenblatt has launched a white collar fraud and financial crime division, with the hire of KPMG’s former head of UK corporate crime. Manraj Somal joins the firm to head its new department and will be joined by Kangs Solicitors former head of London, Frances Murray, where she practised predominantly in the area of white collar […]

Litigation briefings

What is a ‘reasonable endeavours’ obligation, and is it a sensible solution?

Gwendoline Davies, Head of Commercial Dispute Resolution at Walker Morris explains what a party needs to do to comply with a ‘reasonable endeavours’ obligation, and considers whether endeavours clauses are always a sensible solution. What are endeavours obligations? Many commercial contracts contain obligations on a party to use its best or reasonable endeavours to do something or […]

When Two Become One: Wingfield v Canterbury City Council & HNC Developments LLP

By Oliver Lawrence Introduction When should two developments be treated as one for the purposes of the Environmental Impact Assessment Regulations 2017 (“the EIA Regulations”)? The existence or approval of other developments can determine whether an Environmental Statement is required of a planning application and what that Environmental Statement should contain. These are important questions […]

Carts and Horses: The Key differences between the decisions on prorogation

By Kieran Laird Over the course of six days in this past two weeks, the Divisional Court of England and Wales and the Inner House of the Court of Session of Scotland considered two very similar cases. The cases concerned the same set of facts, in relation to the same exercise of prerogative power, with […]

Redemptions from Fraudulent Investment Funds

The collapse of an investment fund affected by a fraud will often lead to disputes between the investors who were paid out before the discovery of the fraud, the investors who gave notice to redeem prior to the discovery of the fraud, and the investors remaining in the fund when it collapsed. Following the recent […]

How much can litigation funders take in class action wins or settlements?

In a recent Lawyers Weekly live webcast, an expert panel, including Augusta Ventures Managing Director Neill Brennan, explained the contributing factors in determining the commission allocated to funders. In an article following on from the webcast ‘Everything you need to know about class actions in Australia’, Neill explains how litigation funding corrects the power imbalance […]

Act on amendments of the civil procedure act steps into force

The Act on Amendments of the Civil Procedure Act in Croatia stepped into force on 1 September 2019 and brought substantial changes through the first amendments of the provisions governing civil procedure since the reform in 2013. The amendments were praised in Croatian legal community, because they aim to expedite dispute resolution and end the main […]

Redemptions from fraudulent investment funds

By Nigel K. Meeson, Christian R. Luthi The collapse of an investment fund affected by a fraud will often lead to disputes between the investors who were paid out before the discovery of the fraud, the investors who gave notice to redeem prior to the discovery of the fraud, and the investors remaining in the fund when […]

A step towards compulsory alternative dispute resolution?

By Lucy Shepherd and Chris Burchill The Court of Appeal has held that the courts have powers to make parties subject to a form of alternative dispute resolution (ADR) without their consent. Background ADR essentially refers to all methods of resolving disputes other than by court proceedings. The case of Lomax v Lomax concerned Early Neutral Evaluation (ENE), […]

The Court of Appeal considers milestone payments in construction contracts and the requirement for an adequate payment mechanism

By Ashley Pigott, Cathy Moore In July 2018, we reported on the first instance decision in CIMC MBS Ltd (formerly Verbus Systems Ltd) v Bennett (Construction) Ltd [2018] in which the Technology and Construction Court (TCC) held that certain milestone payment provisions in a contract did not comply with the requirement that “construction contracts” as defined by the Housing Grants, Construction […]

Adjudication Matters – September 2019

Right question, wrong answer: a breach of natural justice in Corebuild Ltd v Cleaver and another In Corebuild Ltd v Cleaver and another [2019] EWHC 2170 (TCC), the Technology & Construction Court (TCC) declined to enforce an adjudicator’s decision due to the adjudicator deciding a dispute based upon a point which had not been argued in submissions […]

Alternative dispute resolution and pre-action conduct in professional negligence claims

Walker Morris’ litigation/dispute resolution experts and specialists in the law of professional negligence provide an update on the Professional Negligence Pre-Action Protocol and alternative dispute resolution (ADR) options. The general rule In recent years, whenever any dispute has arisen and court proceedings have seemed likely, the best advice that a legal advisor could give to […]

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