The UK Supreme Court’s judgment in THG plc v. Zedra Trust Company (Jersey) Ltd[1] conclusively resolved the uncertainty regarding whether statutory limitation periods apply to unfair prejudice petitions. The Supreme Court held – by a majority – they do not, reversing the Court of Appeal and restoring what had been the recognised position for decades.
Latest Articles
Out of Order! Court of Appeal Overturns Strike Out
The Court of Appeal has delivered a judgment that should give pause to any litigator drafting the terms of an unless order or seeking a strike out on its breach. In Midland Premier Properties Limited v. Doal , the court allowed an appeal against a striking out order, emphasising that unless orders must be strictly construed and that debarring a defendant from defending is a remedy of last resort – even where there have been genuine failures in the disclosure process.
A Lesson on Contractual Interpretation From the Court of Appeal
In last week’s judgment in Sahara Energy Resource Limited v. Societe Nationale de Raffinage SA (SONARA) the Court of Appeal overturned the High Court’s surprising ruling that claims labelled “undisputed” in an agreement between the parties did not mean that the claims were agreed. In restoring the natural meaning of the word, the Court of Appeal reiterated some of the key principles of contractual interpretation that had fallen by the wayside in the court below.
The Penalty Rule: Recent Guidance From the English High Court
The judgment in Houssein & Others v. London Credit Ltd[1] provides a useful summary of the English penalty rule and guidance on its application in practice. It is an important reminder that a clause will be struck out in its entirety if any element of it is determined to be penal.
Disclosure: How the English Courts Balance Comity, Risk of Foreign Sanctions and the Fair Disposal of Proceedings
The Court of Appeal’s judgement in Various Claimants v. Standard Chartered plc[1] is a significant decision on whether an English court may compel disclosure of documents that are confidential under foreign regulatory regimes – here, US suspicious activity reports (SARs) and confidential supervisory information (CSI) – and how the court balances comity, the risk of foreign sanctions and the fair disposal of English proceedings.
US Executive Order on AI Regulation Signals Litigation Risks Across Jurisdictions
This update covers the latest US Executive Order seeking to limit US state AI regulation and establish a national AI policy framework.
Multinational companies should monitor cross-border implications, especially in light of other evolving regimes like the EU AI Act and the proposed Digital Omnibus on AI, which will impact businesses’ AI compliance roadmaps.
Read Cooley’s full article on the Executive Order.
Director Personally Liable for Breach of Confidence
In Kieran Corrigan & Co Ltd v. OneE Group Ltd, Bashir Timol and others , a company’s director was held personally liable for breach of confidentiality for signing off on the company’s marketing of a tax mitigation structure that was heavily based on information provided to it by the claimant.
First Mover Advantage: The UK CMA’s Updated Cartel Leniency Guidance
On 28 October 2025, the UK Competition and Markets Authority (CMA) published its updated leniency guidance, incorporating refinements to reflect more than a decade of the agency’s cartel enforcement experience. The updated guidance includes important changes to the existing “queue system” and recalibrates incentives for different types of applicants. The CMA is hoping these changes will increase incentives for companies to self-report antitrust compliance issues. For businesses, the changes add further complexity to the calculus that applies when assessing a potential compliance breach and the options available to minimise adverse consequences, which include the risks of private damages claims as much as fines.
Access to Public Domain Documents: What the UK’s Practice Direction 51ZH Means for Commercial Litigation
The UK’s Practice Direction 51ZH launches a two?year pilot to improve public access to documents used in hearings in certain business courts. Broadly, the practice direction is intended to move from the current ad hoc, application?driven disclosure (often requiring a fee) towards a default of timely provision of public domain documents for free. It does not cut across existing privilege rules or confidentiality protections.
On the Record: Cooley Litigation Trends Webinar Series – Competition Litigation
Join Cooley’s competition litigation team for a focused webinar for in-house legal professionals navigating the evolving enforcement landscape across Europe. This program is dedicated to general counsel, legal directors and in-house teams working in competition, regulatory or litigation roles.