Litigation Notes

Data class actions: Court of Appeal upholds decision blocking "opt-out" representative action for misuse of private information

Court of Appeal finds claimants cannot be forced to pursue claims for environmental damage as "global claims"

From Cold to Bold: DIFC Court of Appeal Warms Up to Freezing Orders in Support of Pending Foreign Judgments

Group litigation orders: Court of Appeal considers binding effect of decisions in test cases

Transparency and Open Justice Board publishes proposed key objectives

Jurisdiction clauses: High Court finds English courts have exclusive jurisdiction under bespoke ISDA clause

The decision illustrates the court's approach where there are questions as to the validity and interpretation of a jurisdiction clause.

A Litigator's Yearbook and a broader Disputes Yearbook for 2024

Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"

Whether and how the recommendations are implemented will be a matter for the Civil Procedure Rules Committee.

Court of Appeal finds contractual cap had to be applied to each party's liability before set-off

High Court finds Secretary of State's affirmation in disqualification proceedings is not publicly available as a statement of case

Supreme Court confirms foreign trustee in bankruptcy cannot deal with English property due to the "immovables rule"

Litigation privilege: High Court takes realistic approach in finding privilege applied to witness interviews conducted by administrators