Commercial Litigation

With the Commons Select Committee inquiry into Carillion in full swing, the press reports feature sensational allegations levelled at the directors and former directors. The FCA is looking into the market announcements that were made pre-liquidation, one shareholder is calling for an investigation into management and the Chair of the Work and Pensions Committee has described […]

The Court of Appeal in Premier Motorauctions Ltd (in liquidation) v Pricewaterhousecoopers LLP[1] has considered the extent to which an After the Event (ATE) insurance policy is relevant when the court is considering granting security for costs. The case is significant because it raises questions of principle which had not previously been considered at an […]

In a landmark decision in Lungowe v Vedanta Resources Plc[1] the Court of Appeal has ruled that a number of claimants can pursue their claim against a Zambian mining company and its English parent in the English courts despite the claim’s limited connection to England. The decision has widened the scope of potential claims against […]

A welcome decision of the English High Court that potentially abusive litigation tactics cannot prevail could prove short-lived as a result of Brexit uncertainty. The usual court first seized rule applies where claims are issued by disputing parties in the courts of two or more EU member states.  This means that all courts must stay […]

On 18 November 2016, the Court of Appeal brought an end to the long running Excalibur Ventures LLC v Texas Keystone Inc and others litigation, providing some useful guidance on the extent to which third party litigation funders may be liable to pay the costs of a successful defendant in a funded claim.   In short, […]

In July 2017, the Competition Appeal Tribunal (CAT) refused to approve the proposed £14 billion class action claim against MasterCard on behalf of 46.2 million consumers who purchased goods or services from UK businesses which accepted MasterCard between 1992 and 2008.  The claim followed on from the EU Commission finding in 2007 that MasterCard’s default […]

2017 was an exciting year for fintech but 2018 promises to be even more eventful.  This briefing considers some of the regulatory developments that took place in 2017 and what these are likely to mean for fintech regulation in 2018. Please see link below for full briefing. Fintech regulation: Looking ahead to 2018   Charles […]

The recent case of Frenkel v Lyampert and others [2017] EWHC 2223 (Ch) has highlighted the importance for parties involved in litigation in England & Wales to give early and careful consideration to the English language skills of non-native speakers giving evidence in court proceedings. The case resulted from the breakdown of the relationship between […]

Eurasian Natural Resources Corporation Ltd (ENRC) has been granted permission to appeal the controversial ruling in Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB)  which sent shock waves through the legal profession earlier this year. The appealed decision held that certain documents generated during an internal investigation conducted by […]

Unfortunately, we frequently come across commercial contracts containing arbitration clauses under which disputes have arisen but the amounts in issue do not justify the potential costs of arbitration. Parties are consequently denied a dispute resolute mechanism, since the existence of a clause obliging parties to resolve their dispute by way of arbitration actually precludes disputes […]

Fladgate LLP has continued to be highly rated by Chambers Guide to the UK Legal Profession 2018, with a number of the firm’s partners ranked as leading individuals. Construction: Purchaser Lawyers ranked Gillian Birkby, Alan Erwin, Alan Woolston What the team is known for Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters […]