REUTERS | Sergio Perez
October 22, 2018

Privilege and internal investigations: what next for practitioners after ENRC?

Writing earlier in 2018, I commented on the inconsistency of approach between two recent cases to consider legal professional privilege: Andrews J’s decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd, and that of Sir Geoffrey Vos in Bilta (UK) Ltd (in liquidation) & others v Royal Bank of Scotland Plc & another. The Court of Appeal recently decided the appeal in ENRC, and given that Sir Geoffrey Vos was on the bench, it will come as no surprise that it is Bilta that finds itself on the right side of history. Continue reading →

REUTERS | John Kolesidis
October 19, 2018

What claimants need to consider before entering into a litigation funding agreement

As the litigation funding market grows, claimants are faced with increased choice when sourcing funding and have more leverage when agreeing terms than ever before. Whilst “off the shelf” products exist, the majority of arrangements are tailored to the facts and the economics of each specific case, and there is often a good deal of room for negotiation between the parties to the agreement. Continue reading →

REUTERS | Carlo Allegri
October 15, 2018

Underpayment of court fees and applications to strike out or reallocate: was Lewis and others v Ward Hadaway a storm in a teacup?

This blog considers the development of the law since the case of Lewis and others v Ward Hadaway (a firm) in 2015, when the defendant tried to strike out a claim on the basis of the underpayment of court fees by the claimants. It will consider whether there is any recent trend of applying the case successfully and whether the case can be used to defeat applications to reallocate claims. Continue reading →