Insights: Sarah Charig

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Is a UK parent liable for the conduct of its foreign subsidiary?


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 […]

Third party funders on the hook for indemnity costs


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, […]

Property Alliance Group v The Royal Bank of Scotland plc: deception prohibits litigation privilege


Property Alliance Group (PAG) brought a claim against The Royal Bank of Scotland plc (RBS) for misrepresentation of four interest rate swaps entered into between 2004 and 2008.  Whilst there have been no judgments on the substantive claims, the disclosure process has led to a number of interesting decisions; one of the most recent discusses […]

The shorter and flexible trial schemes one year on


Sarah Charig considers what effect the shorter and flexible trial schemes have had on practice As is well known, the growing cost of litigation and the delays to court availability have become a great cause of frustration, turning parties to alternative forums. It has, however, been just over a year since two pilot schemes were […]

Lord Chief Justice Briggs’ Civil Courts Structure Review: Final Report


In July 2015, the Lord Chief Justice and Master of the Rolls commissioned Lord Justice Briggs to conduct a review of the structure of the civil courts in England and Wales.  Following an extensive consultation with judges, practitioners and court users, on 27 July 2016 LJ Briggs published his much awaited Civil Courts Structure Review: […]

Class action against MasterCard


A landmark £14bn class action claim against MasterCard was filed in London’s Competition Appeal Tribunal (CAT) on 8 September 2016.  The claim is the highest value claim to be brought before the CAT and the first major claim to be brought on behalf of multiple UK consumers under the new class action framework introduced by […]