Commercial Litigation

Pluczenik Diamond Company NV v W Nagel (a firm) Case number [2018] EWCA Civ 2640 A commercial agent is a self-employed intermediary with continuing authority to negotiate the sale or purchase of goods on behalf of another person. Commercial agents have special protection in law under the Commercial Agents (Council Directive) Regulations 1993 (the Regulations). […]

The High Court’s ruling in Glaxo Wellcome UK Limited v Sandoz Limited provides a useful example of circumstances in which disclosed documents can be used other than in the proceedings in which they were disclosed, even if that may damage the disclosing party. A key feature of litigation in England is that parties are required […]

Background Pursuant to a share purchase agreement NG Football Investments Limited (the “Buyer”) purchased the whole of the issued share capital in Nottingham Forest Football Club Ltd (the “Club”). The Club was heavily indebted, and as a result the seller, NFFC Group Holdings Limited (ultimately owned by Mr Fawaz Al-Hasawi) (the “Seller”) inter alia agreed […]

In a further blow to Claimants responding to demands for security for costs, the High Court has ruled that where security for costs is to be provided by way of a Deed of Indemnity rather than a payment into court, the Court can in its discretion require that the indemnity should cover all the Defendant’s […]

In a recent decision relating to the violation of consumer data privacy, the Court has set out helpful guidance regarding claims brought under the Data Protection Act 1998, as well as in respect of the conditions which must be satisfied for a representative action for breach of data privacy to be brought (Lloyd v. Google […]

In a group action claim for data theft, the Court of Appeal has upheld an earlier decision that the Morrisons supermarket (Morrisons) was vicariously liable for the criminal actions of a rogue employee who publically released personal data about Morrisons’ staff, irrespective of the fact that Morrisons had taken what the court considered to have […]

For over a century, it has been well settled in English law that a company has its own legal personality entirely separate from that of its shareholders and directors who are, by virtue of the “corporate veil”, protected from being personally liable for the company’s debts and other obligations. Attempts to look behind the corporate […]

Last month the Law Society published guidance (found here) for solicitors, concerning civil and commercial cooperation between the UK and EU member states in the event of a “no deal” Brexit. In short, in the event that the UK exits the EU’s institutional structures immediately/without a transition period, cooperation between the legal regimes of the […]

Bou Simon v BGC Brokers LP: a salient reminder of the strict approach the court will take when deciding whether to imply a term into a contract. Hindsight is a wonderful thing – but irrelevant for interpreting contracts, say Sophia Purkis & Leigh Callaway The express written provisions of a contract are not, or at […]

Litigation partner Alexander Wildschütz discusses one of his recent cases highlighting the impact of invisible third party rights on creditors’ interests. Our client, a German bank, had obtained a judgment in the German courts against a former customer for the payment of €1.3m owed under various loan agreements. We quickly established that the debtor was […]

This quarterly round-up looks into some of the main regulatory developments and trends in fintech regulation during the third quarter of 2018. The previous briefings for 2018 can be found here and here. Regulation, regulation, regulation The much anticipated Treasury Committee report on crypto-assets in the UK was published in September.  The main takeaway is that […]