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With claimants around the globe continuing to bring novel and ambitious climate change-related cases before common law Courts, some judges are hesitant to be drawn into what may be perceived as a political debate.
Meet the people who make up our Dispute Resolution practice and learn more about the market-leading work we do. Containing a host of thought leadership pieces on trending topics and current developments in the UK litigation market and insights into what matters to us as a team.
In the recent case of SK Shipping Europe Ltd v Capital VLCC 3 Corp (C Challenger) [2022] EWCA Civ 231, the Court of Appeal clarified several points in the law of misrepresentation, including the circumstances in which a representation of fact will be implied from the offer of a contractual term, the effect of a reservation of rights on an alleged affirmation, and the operation of section 2(2) of the Misrepresentation Act 1967 concerning damages in lieu of rescission.
We recently released our update on the Commercial Rents (Coronavirus) Bill and the changes to Covid-19 restrictions on landlord enforcement options that came into effect in March 2022.
In this case, the High Court rejected the defendant's application for its expert and factual witnesses, who were both based in Kenya, to give evidence via video link, or for there to be a hybrid trial which the witnesses could attend remotely.
Since our previous briefing there have been a number of developments in the area of tax investigations and disputes. This briefing summarises some key ones and what they mean for taxpayers.
Commercial contracts can often provide that all liability for loss of profits is excluded – and sometimes wasted expenditure may be excluded as well. But what is the impact of this in practice?
In the sixth episode of the series, Associate Emma Riggs looks at the impact of Brexit on dispute resolution.
Several recent cases highlight the importance of process for both customers and suppliers when contracting on standard terms (or a mixture of standard terms and "bespoke" terms). In this briefing, we highlight some of the key pitfalls for the unwary, particularly around the so-called "battle of the forms".
"It does not follow that documents obtained lawfully in one jurisdiction are available for use in litigation in another." The High Court confirms in Suppipat v Siam Bank [2022] EWHC 381 (Comm) that, where documents obtained in litigation outside the jurisdiction are proposed to be put in use by a party to English proceedings, English law, as the lex fori, will determine the questions of loss of privilege and confidentiality.
The High Court has confirmed the narrow scope of the "iniquity exception" to legal professional privilege in a fraud claim brought by a London law firm against a former client. The firm sought to rely on privileged communications and confidential information in its evidence.
In a ruling made at a hearing on 18 January 2022 in the case of Cambridgeshire County Council v Bam Nuttall Limited & Ors [2022] EWHC 275 (TCC), Mr Justice Waksman gave guidance on the formulation of the list of issues for disclosure (the "LOID") required under the Disclosure Pilot Scheme (set out in Practice Direction 51U ("PD 51U")).
On 2 December 2021, the Court of Appeal confirmed that: (i) clear wording in an insurance policy could not be overridden by countervailing factors in the factual background; and (ii) a claim could not be estopped where the insurance policy expressly precluded the party claiming estoppel from avoiding liability in the relevant circumstances. The judgment reinforces that, where there is clear and unambiguous contractual wording, the Court will apply it.
The Board of the Privy Council has provided clarity in relation to the scope of duty principle in the recent case of Charles B Lawrence & Associates v Intercommercial Bank Limited (Trinidad and Tobago) [2021] UKPC 30.
In amongst the blizzard of press releases and policy documents emanating from the Department of Levelling Up, Housing and Communities since the New Year is a consultation called "Reforming the leasehold and commonhold systems in England and Wales". It is important for the commercial real estate sector because it contains new proposals which could tip the balance in mixed use buildings between residential leaseholders on one hand and freeholders and commercial leaseholders on the other hand.
Welcome to the sixth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.
Travers Smith LLP is thrilled to announce that its Finance Partner, Katie McMenamin, and Disputes Partner, Polly Richard have been recognised in The Lawyer magazine's 2022 Hot 100, an annual publication which celebrates extraordinary lawyers based in the UK who have completed ground-breaking work in the last year.