The number of class actions brought in the UK is likely to grow considerably. In particular, we expect Claimant firms to continue making claims for misuse use of data where an issue affects a large number of individuals.
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What Are You Implying?
In Yoo Design Services Ltd v Iliv Realty PTE Ltd the Court of Appeal has, once again, shown itself to be averse to exercising the ‘extraordinary power’ to intervene in a contract by implying a term in anything other than the most clear-cut cases. While it is understandable that claimants, in the absence of any helpful express terms, make claims based on the implication of terms, a party doing so must appreciate the height of the hurdle to be cleared.
Court Rejects Attempt to Commence Claims for 3,500 Claimants in Single Claim Form
The High Court of England and Wales has provided guidance on when it is permissible to combine several individuals’ claims in a single claim form.
Service by Blockchain Technology
In another example of the court embracing technology in the furtherance of access to justice, the High Court of England and Wales has permitted service by way of a non-fungible token.
Heavy Redactions Subject to Increased Vigilance from the Court
The High Court of England and Wales has ordered a defendant to redo a significant portion of his disclosure as a result of a failure to properly explain the basis for heavy redactions across a significant number of documents
Dispute Resolution no Longer Alternative
Alternative Dispute Resolution is henceforth to be called Negotiated Dispute Resolution. This change in nomenclature, introduced in the 11th Edition of the Commercial Court Guide, reflects the drive to place dispute resolution at the heart of the litigation process. The message is clear: engaging in dispute resolution should be a standard part of the litigation process.
Resolving Exclusion Confusion
In its hotly anticipated judgment in Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited the Court of Appeal of England and Wales has reaffirmed that the courts should apply the conventional rules of contractual interpretation to exclusion clauses: if parties intend to exclude a particular type of loss, they should use clear and unambiguous language to do so.
An Innovative Approach to ESG Litigation
ClientEarth has notified Shell of its claim against the Board of Directors in respect of their alleged failures to manage climate risks.
Economic Crime (Transparency and Enforcement) Act 2022: Nowhere to Hide
The Economic Crime (Transparency and Enforcement) Act 2022 has received Royal Assent. The intention of the act is to crack down on illicit finance and expand the UK Government’s ability to monitor and disrupt those individuals engaged in money laundering or sanction evasion related activities. This post considers the key features of the new legislation.
Scope of Reasonable Endeavours Obligations in Force Majeure Clauses
In an important and timely judgment in MUR Shipping BV v RTI Ltd, the High Court of England and Wales has provided guidance as to the scope of a ‘reasonable endeavours’ obligation in the context of a force majeure clause triggered by the imposition of sanctions. In short, a party subject to such an obligation is not required to accept non-contractual performance to circumvent the effect of a force majeure event.