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Conyers

Indemnity Costs and Issue-Based Costs Orders in the Bermuda Court of Appeal

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The Court of Appeal for Bermuda has lately clarified two important aspects of the law of litigation costs in Bermuda: the test for indemnity costs and the availability of issue-based costs awards. In each respect the Court of...more

BCLP

Legal Privilege - the King has been advised - the Shareholder Rule no longer applies under English Law

BCLP on

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law....more

Cooley LLP

Court of Appeal Split on Scope of Exclusion Clause

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In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...more

Latham & Watkins LLP

English Court of Appeal Issues Guidance on Representative Actions in Securities Claims

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A landmark judgment from the Court of Appeal has clarified when representative proceedings may be issued on a bifurcated basis and the application of the regime to securities claims....more

Cooley LLP

Cap in Hand: Should Liability Caps Be Applied Before or After Set-Off?

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In Topalsson GmbH v. Rolls-Royce Motor Cars Limited, the Court of Appeal helpfully re-affirmed that the ‘commonsense’ approach to the application of liability caps is to apply them before any set-off calculation....more

BCLP

Setback for defendants in international environmental group claims

BCLP on

The judgment of the Court of Appeal on 8 July in Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Limited [2022] confirms once again the difficulties faced by UK defendants in bringing international environmental tort...more

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