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A New Gateway for Cross-Border Enforcement: Hague Judgments Convention Comes into Effect in the UK on 1 July 2025

By Lucy Webster and Thulasy Packianathan on Posted in Contracts and Agreements, Dispute Resolution
The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the “Hague Judgments Convention”) will come into effect in the UK on 1 July 2025.  The process of enforcing UK judgments[1] in other contracting states (including all EU Member States (except Denmark), Ukraine and Uruguay) … Continue Reading

Court of Appeal reaffirms stance on fiduciary duties in half-secret commission cases

By Chris Webber on Posted in Banking, Contracts and Agreements, Dispute Resolution
Some years it seems like there are no cases of any real importance. 2025 is not one of those years. Last week a strong Court of Appeal doubled down on a key element of the landmark Johnson v FirstRand decision on secret commissions in motor finance (about to be heard before the Supreme Court). In … Continue Reading

High Court upholds use of omnibus claims in mass motor finance litigation

By Chris Webber on Posted in Banking, Dispute Resolution
A recent High Court decision in claims brought by thousands of claimants against motor finance providers has reaffirmed the validity of using omnibus claim forms in large-scale consumer litigation. The ruling has implications both for the many motor-finance mis-selling claims pending before the courts and also for mass claims in a variety of other contexts.… Continue Reading

APP fraud – might banks have a “retrieval duty” ?

By Christian Toms on Posted in Banking, Dispute Resolution, Fraud and Financial Crime
Following on from our Blog post and article from November of last year that looked at the potential liabilities of banks and related parties in the context of authorised push payment (“APP”) frauds, the recent decision of Master Brown in CCP Graduate School Ltd v National Westminster Bank PLC & Anor [2024] EWHC 581 (KB) … Continue Reading

Anatomy of a fraud series – Powers afforded by search and imaging orders

By Christian Toms on Posted in Dispute Resolution, Fraud and Financial Crime, Investigations
Search orders Search orders are a form of interim, mandatory injunction which require a respondent to allow the applicant’s representatives to enter the respondent’s premises and search for, copy and remove documents or material for the purpose of preserving evidence and/or property which is or may be subject to an action.  Search orders are, therefore, … Continue Reading

Opening salvo – enforceability of litigation funding agreements in a post-PACCAR world?

By Christian Toms on Posted in Contracts and Agreements, Dispute Resolution, Litigation Funding, Regulation
The recent interim judgment of Therium Litigation Funding A IC v Bugsby Property LLC [2023] EWHC 2627 (Comm) appears to give us an early indication of what might become key battlegrounds between Third-Party Funders and certain funded litigants in the wake of the Supreme Court’s impactful determination in R (PACCAR) v Competition Appeal Tribunal [2023] … Continue Reading

Push-ed Back – Supreme Court Considers Quincecare Duty for Authorised Push Payment (“APP”) Fraud Victims

By Chris Webber, Katherine Wakeham and Assad Bishara on Posted in Banking, Dispute Resolution, Fraud and Financial Crime
On 12 July 2023, the Supreme Court delivered its widely anticipated judgment in Philipp v Barclays Bank UK PLC. In doing so, the Court has gone back to basics to explain the basis for and scope of a bank’s duty to its customers, and has brought the Quincecare duty back to a narrower footing. By … Continue Reading

COVID-19 and the Courts

By Chris Webber and Katherine Wakeham on Posted in Dispute Resolution
Whilst we all try to settle in to our new working from home routines, and maintain social distancing measures, the civil justice system is also having to find ways to adapt. Early messages from Court system that it would be ‘business as usual’ quickly proved impossible; but over the past week there have been procedures … Continue Reading

Watch out! Communications referenced/reproduced in settlement agreements might lose without prejudice or litigation privilege from production

By Squire Patton Boggs on Posted in Dispute Resolution
In BGC Brokers LP & others v Tradition (UK) Ltd & others, the Court of Appeal dismissed BGC Brokers LP’s (“Claimant“) appeal against an order allowing inspection by several other defendants of an unredacted settlement agreement between the Claimant and Simon Cuddihy (“Third Defendant“).… Continue Reading

English Court of Appeal judgment recognises the importance of industry standard ISDA Master Agreement terms when challenged by a competing jurisdiction clause in a financing agreement

By Chris Webber and Squire Patton Boggs on Posted in Dispute Resolution, Regulation
The Court of Appeal has confirmed that a jurisdiction clause that elects the English courts in an ISDA Master Agreement prevails when the underlying swap transaction forms part of a wider financing arrangement that is subject to the jurisdiction of the Turin courts: BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2019] EWCA Civ 768.… Continue Reading

Courts prepared to scrutinise and limit Norwich Pharmacal Orders

By Squire Patton Boggs on Posted in Dispute Resolution
A Norwich Pharmacal Order (“NPO“) forces a third party to disclose documents or information to an applicant. These Court orders are typically used to identify a proper defendant to a claim or to get information to enable someone to set out their case in Court documents. The respondent to an NPO application is generally not the defendant to … Continue Reading

No Contractual Duty Owed to Customers by Banks when Conducting FCA Review into IRHPs

By Mariyam Harunah on Posted in Contracts and Agreements, Dispute Resolution
The Court of Appeal in Elite Property Holdings Limited, Decolace Properties Limited v Barclays Bank Plc [2018] EWCA Civ 1688 considered the appellants’ Application for permission to appeal against the Mercantile Court Judge’s decision to strike out part of the Appellants claims against the Respondent Bank. Whilst the application concerned permission to appeal, this was the first occassion on which … Continue Reading
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