Litigation Notes

Privy Council changes English law on the intersection of insolvency and arbitration

The decision means the parties' choice of dispute resolution forum should not impact a creditor's ability to engage the insolvency process where …

Retained EU law: Supreme Court clarifies law that applies to pre-Brexit causes of action

Court of Appeal decision on committal for contempt of court

A recent Court of Appeal decision confirms a number of points relating to applications to commit a party for contempt of court, including: Costs …

Former directors of BHS liable for wrongful trading and misfeasance

Court of Appeal finds payment obligations under letters of credit suspended by UK Russian sanctions regime

The Court of Appeal has held that the UK sanctions regime excused a bank from making payment under various letters of credit issued in connection with …

High Court confirms actual ownership of funds must be established before offence can be made out under Russian sanctions prohibitions

The High Court has considered whether a "reasonable cause to suspect" is sufficient, on its own, to establish an offence under Regulation 11 of …

High Court "entirely satisfied" Dr Craig Wright not Bitcoin inventor

Dr Craig Wright's claims to be the inventor of Bitcoin - the pseudonymous Satoshi Nakamoto - have formed the basis for various proceedings both in …

European Court of Human Rights finds first violation of Convention rights based on climate change

The European Court of Human Rights (ECtHR) has, for the first time, found a violation of rights under the European Convention on Human Rights in the …

High Court grants unfair prejudice petition on grounds of auditor's flawed valuation of claimant's shares in contractual exit process

Digital assets: Law Commission consults on private international law issues and draft legislation recognising a third category of personal property rights

Court of Appeal refuses to strike out unfair prejudice petition seeking relief in favour of the company

High Court refuses permission for climate change judicial review against the FCA for a second time

The High Court has refused environmental NGO ClientEarth’s application for permission for judicial review of the decision taken by the Financial Conduct …