The recent judgment from the Court of Appeal in URS Corporation Limited v BDW Trading Limited has widened the avenues for developers to bring claims against contractors for historic defects and confirms that developers can be owed a duty under section 1(1)(a) Defective Premises Act 1972 and are able to...

In a recent case ( Amathus Drinks & Ors v EAGK LLP (2023)), the High Court rejected an application by a defendant audit firm for reverse summary judgment on a claim against it in tort, which alleged that the auditor owed duties to a third party, despite a disclaimer in...

Previously in this series, we explored whether restructuring plans present an alternative to formal insolvency, as well as the court's ability to exercise a cross-class cram down on opposing creditors. HMRC has taken an increasing interest in plans where a compromise of its debts is proposed. Its approach was initially...

Mediation is a flexible, confidential process in which a neutral person actively assists the parties to work towards a negotiated agreement. Throughout mediation the parties are completely in control of managing their personal or business risks. Mediation requires the parties to work together to reach a compromise and neither party...

Osborne Clarke recently ensured that no action was taken against a client following a joint criminal and regulatory investigation pursued by the Financial Conduct Authority (FCA). The client, who is connected to professional sport, was initially interviewed under criminal caution by the FCA in respect of alleged market manipulation. Following...

Where a professional funder finances a claim, it will typically obtain a share of any damages recovered, but not play any part in the active management of the claim. The central issue in this case, Paccar Inc & Ors, R (on the application of) v Competition Appeal Tribunal & Ors...

The Civil Procedure Rules make it clear that a witness statement must be drafted in the witness's own language, but a witness who is sufficiently fluent in English as well as a foreign language can choose to give evidence in English. Alam v Alam But what if, as was alleged...

Climate change activists are seeking novel ways in order to bring climate change-related litigation before the English courts. In McGaughey & Anor v Universities Superannuation Scheme Ltd, the claimants were members of a pension scheme. They sought approval to bring a derivative claim against the directors of the pension trustee...

After the Product Security Telecommunications Infrastructure Act 2022 received royal assent on 6 December 2022, only a limited number of provisions were bought into force. Almost a year on, the remainder of the act has been incrementally coming into force with additional regulations being passed, including most recently provisions on...