The recent Court of Appeal decision in Advanced Multi-Technology for Medical Industry (trading as Hitex) and Others v. Uniserve [1] provides helpful guidance on: inducement and reliance on misrepresentations; the extent to which an innocent party of a wrongful termination (which is not accepted) is required to complete its contractual obligations thereafter; and notice of delivery in “ex works” contracts.| On the Record
The recent Court of Appeal decision in Kulkarni v. Gwent Holdings Ltd and Another confirms that repudiatory breaches may be remediable, and that the court will take a practical rather than a technical approach when determining whether a breach is capable of remedy.| On the Record
The recent High Court decision in VXJ v. FY & others[1] provides guidance on the limits of the English courts’ powers to compel non-party document production in support of arbitration under sections 43 and 44(2)(c) of the Arbitration Act.| On the Record
The Competition Appeal Tribunal (CAT) has struck out a class action brought by Blur drummer, David Rowntree, as the proposed class representative (PCR) on behalf of a class of songwriters against the Performing Right Society (PRS).[1]| On the Record
In Matière SAS v. ABM Precast Solutions Ltd,[1] the High Court held that a Part 36 offer made by the claimant represented a genuine offer to settle the claim but effectively offered nothing in respect of the counterclaim. Accordingly, despite having decisively won both the claim and the counterclaim, the claimant was not entitled to the huge costs benefits arising under Part 36 in respect of the costs of the counterclaim.| On the Record
In the second part of this five-article series, we examine another common problem in tech contracting, when the solution a customer buys isn’t up to scratch. What causes this, and how can you draft to avoid it?| On the Record
On 1 August 2025, the UK Supreme Court delivered its judgment in Hopcraft and another v. Close Brothers Limited,[1] a case with far-reaching implications for retail financial services at large.| On the Record
In Tradition Financial Service Ltd v Bilta (UK) Ltd & Others, the Court of Appeal considered the scope of section 213 of the Insolvency Act 1986 and, specifically, whether those beyond the small group of individuals with controlling or managerial functions of the liquidated company could be 'party to' the carrying on of a company's businesses with intent to defraud creditors.| On the Record
On 26 July 2023, the UK Supreme Court handed down a judgment that will cause serious disruption (at least in the short term) to the litigation funding market. In R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others, the Supreme Court held by a majority that litigation funding agreements which entitled the funders to recover a percentage of the …| On the Record
The English Court of Appeal has handed down an important judgment in Farley v. Paymaster (Equiniti)[1] on when compensation may be claimed for nonmaterial damage (such as distress or anxiety) arising out of breaches of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).| On the Record
PART 1 Technology. Every business needs it. You either build it yourself or buy it from a third party. As litigators focussed on tech disputes for decades, we’ve seen the same problems with IT outsourcing leading to court appearances again and again. The solutions aren’t groundbreaking – they lie in careful drafting and smart conduct during the contract performance. But in the pressure of finalising …| On the Record
The English High Court’s judgment in Learning Curve (NE) Group Ltd v. Richard Lewis and Melanie Probert[1] concerned the alleged breach of warranties and an indemnity in a sale purchase agreement (SPA). The defendants put up a vigorous and multifaceted defence, resulting in an extremely wide-ranging judgment. While much of the analysis is highly fact dependent, two of the issues traversed are worth highlighting – notification of claims under an SPA and service of proceedings.| On the Record
The UK government has launched a review into the opt-out collective actions regime for antitrust law claims. This review comes a decade after the regime’s launch. During this period, the regime has developed significantly, with many claims being issued (now more than 60) and certified amidst much legal wrangling on procedural points. However, despite the proliferation of claims (and a small number of settlements), we …| On the Record
Key insights on disputes and the issues that drive them| On the Record
This blog post summarizes the key points presented by Cooley lawyers Claire Temple, James Maton, Andrew Linch and Enrique Gallego Capdevila during the firm’s recent “Online Marketplaces + Ecommerce” webinar, the latest instalment of our “On the Record: Cooley Litigation Trends Webinar Series,” focused on the UK and European Union (EU).| On the Record
The long-anticipated reforms to the UK’s arbitration framework officially come into force today, modernising the Arbitration Act 1996 and reinforcing the UK’s status as a leading global hub for dispute resolution.| On the Record
The recent High Court decision in Volac International Limited v. IEP Technologies Limited[1] should serve as a reminder to contracting parties to ensure they have effective procedures in place to avoid a ‘battle of forms’ as to whose standard terms have been incorporated.| On the Record
Please join Cooley’s litigation team for our next session of our continued legal education (CLE) webinar series, where we explore trends and insights on the disputes landscape in the UK and mainland Europe, and the issues that drive them. Online marketplaces and ecommerce now dominate the modern world of B2C transactions. But what does that mean in terms litigation risk – be that regulatory litigation or …| On the Record
The English Court of Appeal’s judgment in KSY Juice Blends UK Ltd v. Citrosuco GmbH[1] provides helpful guidance on the enforceability of long-term supply contracts where the price for part of the goods is left open to be agreed in the future. The judgment is particularly notable for its analysis of when a court will imply a term for a reasonable or market price, and …| On the Record
The UK Supreme Court recently handed down a judgment in Tradition Financial Services Ltd v Bilta (UK) Ltd & Others[1] in which it considered the scope of section 213 of the Insolvency Act 1986, specifically whether those beyond the small group of individuals with controlling or managerial functions of the liquidated company could be ‘party to’ the carrying on of a company’s business with intent …| On the Record
The Civil Justice Council (CJC) has published its highly anticipated final report on the regulation and development of litigation funding in England and Wales. This comprehensive report addresses the implications of the UK Supreme Court decision in R (on the application of PACCAR Inc & others) v. Competition Appeals Tribunal & others,[1] examines various funding mechanisms, and proposes legislative reforms to clarify and regulate these …| On the Record
Earlier this year, the English High Court considered an application for strike out of a representative action in the ongoing dispute between Getty and Stability AI. The case is at the intersection of intellectual property (IP) issues in connection with generative artificial intelligence (AI) and class actions in the UK – issues close to Cooley’s heart – and we have been following developments with interest. …| On the Record
This webinar will aim to answer all your most burning questions around drafting the “perfect” dispute resolution clause, to bulletproof your business from litigation risk across Europe. Tuesday, 24 June 2025 – 4:30-5:30pm BST| On the Record
The last couple of years have seen a dramatic rise in the promotion of alternative dispute resolution generally and mediation in particular by the English judiciary. The Court of Appeal in Churchill v. Merthyr Tydfil County Borough Council[1] held that, contrary to popular belief, the courts had the power to order parties to mediate; the Civil Procedure Rules were duly amended to incorporate that power …| On the Record
Two notable English court judgments on jurisdiction have been handed down in the last few months – the first being the Court of Appeal’s decision in Limbu & Others v. Dyson Technology Ltd & Others[1], and the second the High Court’s decision in da Silva & Others v. Brazil Iron Ltd & Another[2]. Both cases involved group litigation against UK-domiciled companies in respect of the …| On the Record
In the recent judgment in El-Khouri v. Government of the United States of America,[1] a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on the extraterritorial limits of the Proceeds of Crime Act 2002 (POCA).| On the Record
In EE Ltd v. Virgin Mobile Telecoms Ltd[1], 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.[2] While the decision ultimately confirmed the reasoning of the lower court, the decision is notable for being surprisingly close.| On the Record
The recommendations, particularly those in relation to summary disposal and orders against third parties, provide tribunals and the courts with important express powers to ensure the efficient and effective management of arbitral claims. But the report is actually most notable for the fact that so few amendments are required - and those that are required are either changes to clarify the existing position or to …| On the Record
After the previous government called a general election in late May, the Arbitration Bill was left out of the set of bills that would be approved on an expedited basis. In mid-July, the King’s Speech reintroduced an updated Arbitration Bill to Parliament’s legislative agenda. The second reading of the Arbitration Bill at the House of Lords took place on 30 July 2024. On 25 July …| On the Record
Tai Mo Shan Ltd v. Persons Unknown[1] is the latest in a series of cases in which the English courts have demonstrated their willingness to make practical procedural decisions to assist the victims of crypto fraud. In this case, the High Court of England and Wales granted the claimant permission to serve out of the jurisdiction in order to enforce a judgment of a New …| On the Record
On 25 March 2024, the UK Office of Communications (Ofcom) published its research and advice to the Secretary of State (SoS) on the threshold conditions that it considers appropriate to determine whether a service falls into Category 1, 2A or 2B under the Online Safety Act (OSA). Category 1 and 2B apply to user-to-user services, whereas Category 2A applies to search services. This advice forms …| On the Record
