Litigation Notes

Competition class actions: First case to go to trial ends in failure

Judgment in Le Patourel v BT is first test of collective proceedings regime, but may do little to decrease funders' appetites to invest.

Norwich Pharmacal order refused where it would expose recipient to risk of criminal liability under foreign law

The decision highlights a key limitation on the use of such orders to obtain information from foreign third parties.

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