Richard Coopey at White & Case LLP

Anti-enforcement injunctions: Court of Appeal protects its jurisdiction over English assets

The Court of Appeal has granted an anti-enforcement injunction restraining a US company from taking steps to enforce a US judgment in the US courts where such enforcement exorbitantly interferes with the jurisdiction of the...more

7/1/2020 / Anti-Suit Injunctions , Comity , Exclusive Jurisdiction , Extraterritoriality Rules , Foreign Jurisdictions , International Arbitration , Jurisdiction , Personal Jurisdiction , UK

McParland v Whitehead: Chancellor of the High Court gives guidance on the Disclosure Pilot Scheme

In McParland & Partners Limited and Fairstone Financial Management Limited v Stuart William Whitehead,1 Sir Geoffrey Vos, Chancellor of the High Court, provided clarification of how some aspects of the Disclosure Pilot for...more

3/12/2020 / Breach of Contract , Business and Property Courts , Confidentiality Agreements , Disclosure Pilot Scheme , Discovery , Document Productions , Presumptively Relevant , Proportionality , UK

SL Claimants v Tesco: High Court clarifies the confidentiality of documents referred to in separate criminal proceedings

In SL Claimants v Tesco Plc,1 the High Court considered a number of issues relating to disclosure during the fourth case management conference in those proceedings. Of particular interest to practitioners and parties to...more

2/12/2020 / Appeals , Case Management , Concurrent Litigation , Confidential Documents , Criminal Prosecution , Discovery , Financial Services and Markets Act , Judicial Discretion , Privilege Waivers , Privileged Documents , Tesco , UK

RBI v Asia Coal Energy: Court of Appeal confirms that communication of solicitor instructions does not of itself waive underlying...

In Raffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP, the Court of Appeal distinguished the case of Conlon v Conlons Ltd, and provided a helpful analysis of the circumstances in which instructions...more

2/11/2020 / Attorney-Client Privilege , Australia , Client Communication , Confidential Communications , Legal Advice Privilege , Letter of Instructions , Privilege Waivers , Third-Party , UK

BGC v Tradition: Court of Appeal continues to limit the scope of privilege in relation to settlements

Following the decision in WH Holding Limited and West Ham United Football Club Limited v E20 Stadium LLP, the Court of Appeal has recently considered the application of litigation privilege (and without prejudice privilege)...more

1/29/2020 / Appeals , Contract Drafting , Litigation Privilege , Privileged Communication , Scope of Privilege , Settlement , Settlement Agreements , Without Prejudice Privilege

Contractual duties of good faith in "relational contracts"

In a long running group litigation between a number of Sub-Post Masters and Post Office Limited, Mr Justice Fraser, sitting in the English High Court, has given detailed consideration of the issue of relational contracts in...more

9/6/2019 / Breach of Contract , Commercial Contracts , Contract Negotiations , Contract Terms , Covenant of Good Faith and Fair Dealing , Good Faith , Implied Covenants , Joint Venture , Mining Contracts , Oil & Gas , Public Employees , UK

West Ham United FC and the London Stadium: West Ham score as internal discussions on settlement proposals may not be privileged

In the latest round of legal issues relating to West Ham United FC's move to the London Stadium, the Court of Appeal found that confidential internal emails between board members and other stakeholders, for the purposes of...more

2/26/2019 / Appeals , Board Members , Commercial Leases , Commercial Tenants , Confidential Communications , Email , Internal Communications , Judicial Review , Landlords , Litigation Privilege , Settlement Offer , Settlement Proposals , UK

Richard Coopey

White & Case LLP

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