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Alame & Ors v Shell & Anor: Lessons in the case management of large group actions

Introduction 

In recent years, there has been an increasing trend for claims to be brought in the English Courts on behalf of large groups of claimants seeking redress for environmental damage suffered in overseas jurisdictions. Although the English Courts have been reluctant to prevent such claims from proceeding on the basis of early procedural objections from defendants, their size and complexity have presented significant case management challenges (an issue we have previously addressed in this article).

Hunter v Hammond - CAT determines carriage dispute as a preliminary issue

On 5 February 2024, for the first time, the Competition Appeal Tribunal (the "CAT") decided on a "carriage dispute", between two competing proposed class representatives ("PCRs"), as a preliminary issue independent of certification.[1] The CAT made clear that unless there are special reasons why the carriage and certification issues should be heard together, deciding carriage disputes as a preliminary issue will be the preferred and automatic approach going forward. In its judgment, the CAT also provided helpful guidance on how such carriage disputes are to be determined in future cases.

High Court clarifies test for valuers' liability in Bratt v Jones

In determining a negligence claim against a valuer for an alleged under-valuation of a residential development site, the High Court considered whether it was sufficient when considering the question of liability to focus on the end result of the valuation, rather than the valuer's process of arriving at his result – raising the question of whether a valuer must separately and additionally be shown to have fallen below the standard of a reasonably competent valuer (the Bolam test). In dismissing the claim, the Court gave careful consideration to the apparently conflicting cases applicable to determining valuers' liability and clarified the correct legal test to be applied in such cases.

EU Digital Legislation: what do you need to know?

Getting to grips with the tide of transformational EU digital legislation that has emerged over the last two years is a real challenge. To make this easier, we've produced a handy primer entitled "EU Digital Legislation – what do you need to know?", providing a high-level overview of what the legislation does, who is in scope, when it applies, and some preparation tips.

UK signs Hague 2019 convention – what are the implications?

On 12 January 2024, the UK government signed the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Hague 2019), a framework of rules facilitating the recognition and enforcement of civil and commercial judgments between contracting states. The contracting states to Hague 2019 are currently all EU member states except Denmark, plus Ukraine and Uruguay.

Drafting B2C contracts: the million pound "click-wrap" question

After a software glitch incorrectly showed that a player had won £1 million in an online game, the Court of Appeal has ruled that former National Lottery operator Camelot did not need to make the £1 million payout, based on its "click-wrap" terms and conditions. What lessons does this hold for other B2C businesses, particularly when the contract is made online?

Five questions (and answers) on the UK's new product security legislation: paving the way for the Internet of (Regulated) Things?

From smart TVs, fridges and washing machines to baby monitors and cameras, household devices are increasingly offering connectivity and data exchange functionalities using the internet or other networks to create the 'Internet of Things'. From 29 April 2024, products of this type being marketed in the UK must comply with new cyber security requirements.

New Zealand Supreme Court releases Smith v Fonterra & Ors decision on novel climate change claims

In a unanimous judgment, the Supreme Court of New Zealand has overturned the Court of Appeal's decision, which struck out Mr Smith's three tortious claims against seven corporate defendants (read our previous briefing here). The Supreme Court has allowed Mr Smith's claims in negligence, public nuisance, and a novel "climate system damage" tort to proceed to trial.

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