In Re TPS Investments (UK) Ltd, HHJ Hodge QC, sitting as a High Court judge and considering a short and uncontested insolvency application in the Manchester Business and Property Courts Insolvency and Companies List, noted that “… there is nothing usual about the present times”. In his judgment, he offered valuable guidance of how courts and practitioners might adjust to the new requirements for electronic bundles introduced by the COVID-19 crisis. Continue reading
In a much-anticipated judgment, the Supreme Court in Sevilleja v Marex Financial Ltd unanimously allowed an appeal against a decision which, if it had been allowed to stand, would have denuded the intentional economic torts of much of their practical utility.
The majority’s decision established a bright-line rule, cutting down the scope of the so-called rule against reflective loss and overruling a number of authorities which had expanded its reach significantly over the last few decades.
Damages-based agreements (DBAs) have been available to fund civil litigation in England and Wales since 2013, when they were introduced as part of the Jackson reforms. But in practice, they are still a rare breed. The reluctance on the part of the legal profession to embrace DBAs is generally attributed to difficulties with their implementation, and in particular the Damages-Based Agreements Regulations 2013 which govern the regime. Continue reading