Latest by Chris Ross

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"Train of inquiry" documents: Court makes rare and exceptional order for Model E Disclosure under disclosure pilot

Published on 24 June 2022. By Nadia Asfour , Associate and Chris Ross, Partner

In a recent interim decision in the re-trial of Ras Al Khaimah Investment Authority v Azima [2022] EWHC 1295 (Ch), the Court has made a rare order for Model E Disclosure under PD 51U. The Model was applied to one issue only, which the Judge considered a "core critical issue" in dispute.

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Marex Strikes Again: Giles v Rhind exception to rule against reflective loss is "dead for all intents and purposes"

Published on 10 June 2022. By Camilla Cook, Associate and Chris Ross, Partner

Despite it being almost two years since the Supreme Court judgment in Marex Financial Ltd v Sevilleja [2020] UKSC 31 considered the principle of reflective loss, the courts continue to grapple with its impacts and effects in relation to existing cases, many of which were stayed pending the appeal.

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Privy Council decides that banks owe no Quincecare duty to a beneficial owner of monies in an account

Published on 17 May 2022. By Tom Hibbert, Global Head of Commercial Disputes and Jonathan Cary, Partner and Alan Williams, Partner and Jake Hardy, Partner and Chris Ross, Partner and Olivia Dhein, Professional Support Lawyer

A bank does not owe the beneficial owner of account monies any duty of care in negligence, including any Quincecare duty: this was the conclusion of the Privy Council in the Isle of Man case Royal Bank of Scotland International Ltd v JP SPC4 and another. The appeal concerned a fraud where the account holder had defrauded the beneficial owner of the monies, an investment fund, by paying funds out of the relevant bank accounts in contravention of a legitimate investment scheme.

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Court of Appeal upholds the CAT's opt-out certification in Le Patourel v BT

Published on 10 May 2022. By Chris Ross, Partner and Lambros Kilaniotis, Partner and Leonia Chesterfield, Senior Associate

Last week, the Court of Appeal delivered its judgment in Le Patourel v BT Group. BT's appeal against the Competition Appeal Tribunal's decision to grant a collective proceedings order (CPO) on an opt-out* basis was unsuccessful. In a claimant-friendly ruling, the Court of Appeal held that the CAT's opt-out determination was correct and that direct account crediting at distribution stage would be permissible.

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Competing opt-out claims refused certification in CAT's FX decision

Published on 04 April 2022. By Chris Ross, Partner and Lambros Kilaniotis, Partner and Leonia Chesterfield, Senior Associate

Since the first opt-out certification last summer in Merricks, a steady stream of collective claims has been certified by the CAT. There have now been four opt-out certifications with many more applications in the wings. Last week's FX decision is the CAT's first certification refusal following Merricks.

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Relying on the Defence to plead a new, time-barred claim – Court of Appeal provides clarity

Published on 24 February 2022. By Chris Ross, Partner and George Fahey , Associate

The Court of Appeal has provided clarity on a claimant's ability to bring an otherwise time-barred claim in reliance on facts raised in the Defence. In the recent case of Mulalley & Co. Ltd v Martlet Homes Ltd [2022] EWCA Civ 32 the claimant was permitted to introduce a new claim, post-limitation, in response to what was potentially a full defence to the original Particulars of Claim.

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ESG claims in the banking and financial markets Sector: will "greenwashing" claims soon be common in the UK?

Published on 14 February 2022. By Chris Ross, Partner and Nina Pulimood, Associate

Environmental, Social and Governance "ESG" funds are an attractive avenue for investors seeking responsible investment choices.

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ESG claims in the banking and financial markets Sector: will "greenwashing" claims soon be common in the UK?

Published on 14 February 2022. By Chris Ross, Partner and Nina Pulimood, Associate

Environmental, Social and Governance "ESG" funds are an attractive avenue for investors seeking responsible investment choices.

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Hide and Seek: Limitation Periods in Competition Law Damages Claims

Published on 07 February 2022. By Lambros Kilaniotis, Partner and Chris Ross, Partner and Claus Wenzler, Associate

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The recent judgment in Gemalto v Infineon and Renesas put back into focus the duty of potential claimants in competition damages claims to reasonably investigate potential claims against cartelists when relevant facts emerge.

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Exceptional Circumstances: CPR 52.30 and a lesson on drafting grounds of appeal from the Court of Appeal

Published on 22 September 2021. By Rosy Gibson, Associate and Chris Ross, Partner

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The Court of Appeal has given guidance on how to draft grounds of appeal in a rap over the knuckles for lawyers responsible for "over-lengthy and ill-focused" grounds (Municipio de Mariana v (1) BHP Group PLC and (2) BHP Group Ltd(i)).

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Need for reasonable enquiries upon receipt of potentially confidential information

Published on 29 April 2021. By Carolin Mester , Associate and Chris Ross, Partner

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The Court of Appeal recently held that a recipient of information will be bound by a duty of confidentiality if it was reasonable for them to have made enquiries as to the confidential nature of the information and they failed to do so (Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38).

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Need for reasonable enquiries upon receipt of potentially confidential information

Published on 24 March 2021. By Carolin Mester , Associate and Chris Ross, Partner

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The Court of Appeal recently held that a recipient of information will be bound by a duty of confidentiality if it was reasonable for them to have made enquiries as to the confidential nature of the information and they failed to do so (Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38).

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Security for costs not ordered despite looming economic downturn caused by COVID-19

Published on 17 September 2020. By Karina Plain, Associate (Australian qualified) and Chris Ross, Partner

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Evidence of the adverse impact of the COVID-19 pandemic on the Claimant's financial position was not enough to show an inability to pay adverse costs in a recent application for security for costs in the High Court in International Pipeline Products Limited v IK UK Ltd & Ors. [2020] EWHC 1602

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Privy Council gives a lesson on the remoteness of damage in contract law within a judgment on damages for breach of separate but related contracts

Published on 27 August 2020. By Chris Ross, Partner

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Where parties have entered into separate but related contracts, breach of one contract does not necessarily preclude the recovery of damages under another.

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High Court: Claimants' litigation funder ordered to provide security for costs

Published on 21 February 2020. By Chris Ross, Partner and Gill O'Regan, Senior Associate

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The High Court has handed down a significant judgment giving important guidance on the Court’s approach to issues of costs-sharing and security for costs against litigation funders in large multi-party claims. The judgment will be a key touchpoint in this developing area of law. RPC acts for Ingenious in the proceedings. The judgment citation is [2020] EWHC 235 (Ch).

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Tortious claims against third party may trigger anti-suit injunction

Published on 10 October 2019. By Chris Ross, Partner and Kirtan Prasad, Senior Associate

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A party's attempt to circumvent a jurisdiction clause by bringing tortious claims against a third party has been thwarted by the High Court. In granting an anti-suit injunction, the court explored the substance of the claims and found them to be "vexatious and oppressive", designed simply to evade the exclusive jurisdiction clause.

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The High Court removes its cap for litigation funders

Published on 03 May 2019. By Davina Given, Partner and Chris Ross, Partner and Lambros Kilaniotis, Partner

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The High Court has declined to cap a litigation funder's liability for adverse costs at the amount of funding provided. It confirmed that the so-called Arkin cap is an approach to be considered, not a rule to be followed (Davey v Money [2019] EWHC 997 (Ch)).

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On the eleventh day of Christmas, the High Court gave to me…eleven groups a-growing

Published on 17 December 2018. By Davina Given, Partner and Chris Ross, Partner and Lambros Kilaniotis, Partner

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Unlike Scrooge, litigation will not wake transformed on Christmas Day into a gentler, kinder activity. But it is undergoing a slower transformation with the growth of various forms of group litigation in England.

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Court of Appeal clarifies meaning of 'knowledge' for purposes of Limitation Act

Published on 26 June 2018. By Charlotte Henschen (née Ducker), Partner and Chris Ross, Partner

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In Su v Clarksons Platou Futures Ltd ([2018] EWCA Civ 1115) the Court of Appeal upheld a decision granting summary judgment against a claimant on the basis that his claim in negligence was time barred.

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Unlawful distribution of shareholding: application of Limitation Act clarified

Published on 22 May 2018. By Chris Ross, Partner

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In Burden Holdings UK Limited v Fielding the Supreme Court considered the application of Section 21(1)(b) of the Limitation Act 1980 with respect to claims against the directors of a company for an unlawful distribution of the shareholding.

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Defective service and culpable delay: a warning to claimants

Published on 03 July 2017. By Chris Ross, Partner

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Commercial Court refuses application for alternative service and strikes out claim forms after claimant's delay in pursuing claim.

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High Court allows claim against foreign subsidiary and English parent company to be heard in the UK

Published on 13 July 2016. By Chris Ross, Partner and Simon Hart, Partner

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The High Court has rejected applications by an English parent company and its Zambian subsidiary that claims brought against them in London should be dismissed in favour of proceedings taking place in Zambia.

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Supreme Court clarifies law on implied terms

Published on 21 January 2016. By Chris Ross, Partner

The Supreme Court has clarified the law on implied terms: in order for a term to be implied it must be necessary for business efficacy or alternatively be so obvious as to go without saying.

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Supreme Court clarifies law on implied terms: "business efficacy" test remains

Published on 21 January 2016. By Chris Ross, Partner and Parham Kouchikali, Partner

The Supreme Court has clarified the law on implied terms: in order for a term to be implied it must be necessary for business efficacy or alternatively be so obvious as to go without saying. In practice, it will be a rare case where one of those conditions is satisfied but not the other.

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Court of Appeal rules on limitation and concealment in competition damages claim

Published on 04 September 2015. By Chris Ross, Partner

In the recent decision of Arcadia Group Brands Ltd & Ors v Visa Inc & Ors[1] ...

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The claimants that knew too much: High Court rules on applicability of concealment provisions in Limitation Act 1980 in competition damages claim

Published on 24 December 2014. By Chris Ross, Partner

The Arcadia Group[1] case arose in the context of ongoing damages claims brought by a number of retailers and other merchants against both Visa and MasterCard for breaches of competition law in relation to the charging of interchange fees in the Visa and MasterCard payment systems.

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The importance of commercial considerations in contractual construction

Published on 13 October 2014. By Chris Ross, Partner

The principles governing contractual interpretation under English law are reasonably well-established.

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Court shuts door on challenge to arbitral tribunal's findings

Published on 03 June 2014. By Chris Ross, Partner

Applicants cannot use s.68 of the Arbitration Act to challenge indirectly the tribunal's finding of fact when they don’t like the decision made.

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Commercial Court confirms principles relating to law governing arbitration agreements

Published on 25 February 2014. By Chris Ross, Partner

The case of Habas Sinai v VSC Steel Company[1] reinforces the importance of providing for a governing law in contracts, particularly if the parties want an arbitration agreement to be governed by a different law from the law of the seat of the arbitration.

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Financial Litigation Roundup

Published on 26 November 2013. By Chris Ross, Partner

Please click here for our bulletin containing a roundup of the key judgments from litigation in the banking sector in 2012/2013 and review of matters currently before the courts.

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ISDA publishes 2013 Arbitration Guide

Published on 01 October 2013. By Chris Ross, Partner

ISDA (the International Swaps and Derivatives Association) has published the 2013 ISDA Arbitration Guide, ...

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The English court's power to grant anti-suit injunctions in support of arbitration

Published on 19 July 2013. By Chris Ross, Partner

The Supreme Court judgment in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] ...

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LIBOR manipulation claim stumbles

Published on 05 April 2013. By Chris Ross, Partner

In Deutsche Bank AG v Unitech Global Limited 2013 EWHC 471 (Comm) Cooke J refused permission for the defendants to amend their defence and counterclaim to refer to misrepresentations relating to the alleged manipulation of LIBOR by Deutsche Bank, on the basis that the amended claims had no reasonable prospect of success.

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