Litigation privilege: purpose issues
The Court of Appeal’s decision in Ahuja Investments Limited v Victorygame Limited raises interesting issues around the availability of litigation privilege: How to assess the evidence supporting the purpose for which a potentially privileged communication was sent. Whether there exists an inducement principle which prevents a claim to privilege where the other party to litigation … Continue reading Litigation privilege: purpose issues
WFO asset disclosure: does the applicant’s undertaking prevent collateral use by all?
In PJSC National Bank Trust and another v Mints and others, the court granted an application to release the claimants (C) from the standard cross-undertaking (see PD 25A) not to use, without the court’s permission, any information obtained as a result of a worldwide freezing order (WFO) for any civil or criminal proceedings other than … Continue reading WFO asset disclosure: does the applicant’s undertaking prevent collateral use by all?
AI-powered investments: Who (if anyone) is liable when it goes wrong? Tyndaris v VWM
Who (if anyone) is liable when an artificial intelligence (AI)-powered trading / investment system causes substantial losses for an investor? The English courts are currently considering this question for the first time in the case of Tyndaris v VWM, which is due for trial next year.
Discontinuance and indemnity costs: when using litigation as an anvil for settlement can backfire
In judgments on consecutive days in October 2018, two High Court judges have made it clear that they will not, without sanction, see their courtroom used for purposes other than the proper adjudication of genuine disputes. Two of this year’s cases to watch, Hellas (in Liquidation) v Apax Partners and Robert Tchenguiz v Grant Thornton and … Continue reading Discontinuance and indemnity costs: when using litigation as an anvil for settlement can backfire
The GDPR litigation pipeline
Gallons of ink continue to be spilt over the General Data Protection Regulation (GDPR), and its ubiquity has given rise to all sorts of takes, from memes to moans, and the vain cries of practitioners insisting that all those consent emails have got it wrong.
GDPR: the litigation perspective
In the final countdown to the implementation of the General Data Protection Regulation (GDPR) on 25 May 2018, a few leading commentators offer their thoughts on whether this is big news for dispute resolution lawyers, plus their top tips for practitioners.
£700m civil lawsuit postponed until conclusion of parallel criminal proceedings
In these Commercial Court proceedings in PCP Capital Partners LLP and others v Barclays Bank Plc, PCP claims a large sum in damages from Barclays Bank PLC (the bank) in connection with PCP’s alleged role in the bank’s 2008 capital raisings. The trial of this matter was scheduled to commence on 15 January 2018 and … Continue reading £700m civil lawsuit postponed until conclusion of parallel criminal proceedings
Bringing the Investigatory Powers Bill in line with existing laws on privilege
The Investigatory Powers Bill presently before Parliament is a major piece of draft legislation, which is intended to replace the complex Regulation of Investigatory Powers Act 2000 by both updating it and by consolidating, in a clear and transparent way, the law enabling all state-sponsored intrusive capabilities. The Bill has sparked a multitude of concerns, … Continue reading Bringing the Investigatory Powers Bill in line with existing laws on privilege
Safeguarding legal professional privilege
Readers will know that there is presently before Parliament the very important Investigatory Powers Bill, which is generating a lot of heat and discussion. It is a very important Bill, as it will provide a long overdue opportunity to address the inadequacies of the excruciatingly drafted Regulation of Investigatory Powers Act 2000 and thereby, we hope, … Continue reading Safeguarding legal professional privilege
An interview with Colin Passmore: part 3/3: crystal ball gazing
I recently had the pleasure of putting a few questions to Colin Passmore, Senior Partner of international law firm, Simmons & Simmons. In the third part of the interview, Colin considers what the future might hold for civil litigation in England and Wales. In Part 1, Colin told us about his background and early career. In … Continue reading An interview with Colin Passmore: part 3/3: crystal ball gazing
An interview with Colin Passmore: part 2/3: legal perspectives
I recently had the pleasure of putting a few questions to Colin Passmore, Senior Partner of international law firm, Simmons & Simmons. In the second part of the interview, Colin gives some perspectives on recent legal developments and current issues. In Part 1, Colin told us about his background and early career. In Part 3, he will consider what … Continue reading An interview with Colin Passmore: part 2/3: legal perspectives
An interview with Colin Passmore: part 1/3: getting personal
I was delighted to have the chance to put a few questions to Colin Passmore, Senior Partner of international law firm, Simmons & Simmons. Colin joined the firm in 1986 and became a partner in 1990. He was appointed Senior Partner in 2011 (and subsequently re-elected for a second term) but continues to maintain a litigation … Continue reading An interview with Colin Passmore: part 1/3: getting personal
