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In December 2020, the UK Supreme Court handed down its much-awaited judgment in the case of Mastercard and others v Merricks (2020) ("Merricks").   This is an important ruling because it lowers the bar for obtaining permission for collective actions to proceed. If the Merricks action is allowed to go ahead, Mastercard will face a claim for a pay-out of over £14 billion to approximately 46 million UK consumers - which could open the door to many more incipient collective actions.

In Motorola Solutions Inc v Hytera Communications Corp Ltd [2021] EWCA Civ 11 the Court of Appeal provides clarity on the "unambiguous impropriety" exception.

The Supreme Court has recently published its long-awaited judgment¹ in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which provides guidance on whether an arbitrator's appointment to multiple arbitrations involving overlapping subject matter and parties may give rise to the appearance of bias on the part of the arbitrator, and the circumstances in which such appointments need to be disclosed to parties unaware of the overlap.

Despite the significant body of scientific research indicating that we are reaching a tipping point in the global fight against the damaging effects of climate change, global carbon output continues to climb. However, there is growing international consensus around the need for urgent action to reverse the effects of climate change.

The end of the post-Brexit transition period on 31 December 2020 has brought with it some changes for those involved in civil litigation with an EU element. Generally, proceedings which are already on foot will be unaffected, whereas litigants involved in new proceedings with an EU element may now face a slightly bumpier procedural ride and some increased cost.

The High Court's recent judgment in Fibula Air Travel s.r.l. v Just-Us Air s.r.l. [2020] EWHC 3048 provides some early clues about how force majeure clauses might be interpreted where parties seek to rely on them as a result of difficulties associated with the COVID-19 pandemic (the "Pandemic").

In Telefónica UK Ltd v Office of Communications [2020] EWCA Civ 1374, the Court of Appeal allowed the claimant's appeal against an order awarding it only two of the four specified forms of enhanced relief available under CPR 36.17(4) after having beaten its own Part 36 settlement offer at trial. The case provides welcome clarity on the proper application of the court's discretion pursuant to CPR 36.17(4) and an important reminder of the cost consequences of failing to beat a claimant's Part 36 offer at trial.

The Supreme Court's decision in Stoffel & Co v Grondona [2020] UKSC 42 affirms and applies the "trio of conditions" test for the defence of illegality, established by the Supreme Court in Patel v Mirza [2016] UKSC 42.

On 12 October 2020, the High Court handed down a landmark judgment regarding the interpretation of a Material Adverse Effect ("MAE") clause under a Share Purchase Agreement ("SPA"). This judgment is an as-yet rare example of consideration by an English Court of the appropriate construction of MAE clauses, and of litigation specifically arising as a result of the COVID-19 pandemic.

The English courts have, until recently, shown reluctance to encourage the kind of "class-action" regime so beloved in the US. This mechanism can provide easier and cheaper "rough justice" to potentially cash-strapped claimants against deep-pocketed corporations, and can get cases through the court system faster.

In Primus International Holding Company & Ors v Triumph Controls – UK Limited & Ors,¹ the Court of Appeal has confirmed that, unless there are clear words to the contrary in a contract, the ordinary legal meaning of a particular term (in this case, "goodwill") will be preferred to an unusual or non-legal meaning.

Following mixed results for policyholders and insurers as a result of the High Court's judgment in the FCA's Business Interruption Insurance Test Case (FCA v Arch Insurance & Ors [2020] EWHC 2448 (Comm)), the FCA has announced that the Supreme Court will hear the appeals of the FCA and 6 of the 8 Defendant Insurers against the High Court's judgment over a 4 day hearing, starting on 16 November 2020. 

Clarification has recently been given by the Supreme Court in Enka v Chubb Russia [2020] UKSC 38, on the principles to be applied to determine the proper law of an arbitration agreement, in particular where the governing law of the contract differs from the law of the seat of the arbitration.

In an increasingly data driven world in which we are all learning to become more data conscious, Data Subject Access Requests ("DSARs") are an important tool for individuals to check how their data is being used, and whether such use is lawful.

The recent decision of the High Court in The Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWCH 2607 (Ch) reinforces the principle that, even where litigation is reasonably within contemplation at the time, a communication or document will only be protected by litigation privilege where it has been prepared for the sole or dominant purpose of litigation. 

Clauses which enable a party to a contract to request that its counter–party consent to the making of a change to the contract's terms often provide that such consent is not to be unreasonably withheld.

Bilateral Investment Treaties, or BITs, are an important part of the international investment landscape. In this briefing, we look at what BITs are and whether Brexit will make it more attractive to structure investments in certain EU member states through the UK in order to take advantage of BIT protection.

In this decision, the High Court confirmed the test for legal advice privilege as it applies to foreign lawyers.

Welcome to the second edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution sphere over the last three months. 

Our regular round-up of recent developments and topics for your radar, news on training and networking events for in-house counsel, and an update on our legal tech initiatives.