In a recent decision, the High Court acted to prevent a claim being re-litigated by parties not content with the earlier outcomes. This claim is the latest instalment in a series of claims between Elite Property Holdings Limited and Barclays Bank plc which relate to several interest rate hedging products that Elite entered into with Barclays. This judgment is reassuring for companies faced with duplicative claims involving the same cause of action or matter determined in previous proceedings.
The Court of Appeal has resisted the temptation to provide clarity on the scope and application of the Muller exception to the without prejudice rule. In a recent case, the court indicated that recent first-instance decisions have strayed beyond the facts in Muller, a development that might widen the scope of the exception unjustifiably.
Buyers wishing to make a claim under contractual warranty provisions must comply with those provisions to the letter; sufficient and timely information is key. The case discussed in this article is a salutary reminder of the importance of complying with contractual warranty provisions and the difficulties of bringing a misrepresentation claim where warranties have superseded any pre-contractual discussions.
The High Court has allowed conspiracy proceedings brought by two Russian banks against several Russian nationals to proceed in England. The court accepted that the case before it was "essentially a Russian dispute" but held that England was the forum in which the claims against a number of the defendants could be suitably tried in the interests of justice. This decision illustrates that even though key aspects of a dispute may favour another jurisdiction, the forum conveniens may still be England.
The Court of Appeal recently explored the meaning of 'deliberate concealment' and held that there need not be active steps of concealment for the start of a limitation period to be delayed under Section 32(1)(b) of the Limitation Act. In addition, the conduct giving rise to the cause of action need not be separate to the act of concealment.