Weekly highlights

Weekly highlights

Lexis+® UK Dispute Resolution produces a weekly highlights document that gathers together key news analysis reports published during the week and identifies any changes to the product, including the addition

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Latest Dispute Resolution News

Portland publishes report on class actions, ESG and values-driven litigation in the UK

Portland's 2024 Litigation and Disputes report reveals significant shifts in the UK's perception of class actions and ESG litigation. While public awareness of class actions has markedly increased, this hasn't translated into greater participation. The report notes a rise in public confidence regarding positive outcomes from class actions, despite a prevailing belief that lawyers and funders are the primary beneficiaries. Notably, there's low public awareness about eligibility for high-profile competition claims. The report also highlights that UK business leaders are acutely aware of their climate risk mitigation duties and the potential for shareholder litigation. Legal experts contribute insights on the growing threats of ESG and shareholder litigation to businesses, underscoring the evolving landscape of corporate accountability in the UK.

UT considers taxpayer’s application for permanent anonymity and third party disclosure request (HMRC v The Taxpayer and Others)

Tax analysis: The Upper Tribunal (UT) rejected a taxpayer’s application for permanent anonymity, following the taxpayer's decision to withdraw their substantive appeal with the First-tier Tax Tribunal (FTT). The UT further granted a third party limited access to the FTT’s previous case management decision. The UT’s decision emphasises the importance placed on open justice and highlights the court and tribunals’ reluctance to permit anonymity in litigation. Written by Helen McGhee, Partner, and Megan Durnford, Associate, at Joseph Hage Aaronson LLP.

Dispute Resolution weekly highlights—28 November 2024

This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the UK Supreme Court unveiling its new digital platform to modernise court processes and the High Court decision in NMC Health PLC v Ernst & Young LLP (trial); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

The meaning of multiple damages and the unenforceability of foreign judgments (Motorola v Hytera)

Dispute Resolution analysis: The High Court has refused to enforce part of a multi-million dollar US judgment because it fell within the definition of ‘multiple damages’ under section 5 of the Protection of Trading Interests Act 1980 (PTIA 1980). This decision clarifies the meaning of multiple damages and the scope of the prohibition under the legislation, which up until now has been subject to only a ‘sprinkling’ of authority. It also provides useful guidance on the approach the court will take to enforcing foreign judgments containing elements of both compensatory and punitive damages. Finally, the judgment clarifies the impact of any underlying unenforceability on claims to enforce awards for interest and legal costs. Written by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper LLP.

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