Vedanta group litigation claims settled

Last April, we blogged about the terms of a GLO imposed on the Vedanta litigation after the almighty jurisdiction battle heard by the Supreme Court in early 2019.

2,500 of the claims (those brought by Leigh Day) have now been settled. The terms of settlement have not been made public.

Other claims within the litigation are brought by a separate firm (Hausfeld & Co LLP); we are unaware of the status of those claims, which presumably will continue.

Here are links to a statement by Leigh Day and an article by the BBC concerning the settlement.

Kate Boakes of 12 KBW was instructed by Leigh Day on behalf of the claimants in the litigation.

No Brexit deal on civil jurisdiction

When we first started this blog what feels like aeons ago (but which, on checking, was in fact only in 2016), our very first posts formed a short series speculating on the possible impact of Brexit on civil litigation.

Assuming that the Draft EU-UK Trade and Cooperation Agreement will in due course be approved by Parliament, (and barring the emergence of some as yet unknown side-deal on civil jurisdiction) there will be no more need to speculate.

This blog post summarises the position on jurisdiction and applicable law as we understand it for cross-border civil proceedings brought in England and Wales during and after the transition period.

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Pleading foreign law: the practicalities considered

A couple of weeks ago, we blogged on the first case applying the Brownlie approach to pleading foreign law. These decisions are now coming thick and fast. In this blog post, Sam Cuthbert considers recent developments in this context.

In Suppipaj & Ors v Narongdej & Ors [2020] EWHC 3191 (Comm), Butcher J gave a reserved judgment following a CMC in a case concerning an alleged fraudulent conspiracy. This decision is of particular interest because it considers what a claimant should do in practical terms when a defence raises specific foreign law provisions. It is this aspect of the decision that Sam deals with in this blog post.

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No lis pendens in relation to French injury “aggravation” claim

We start the week with a short blog post drawing attention to an interesting recent decision of Soole J in Tate v Allianz Iard SA [2020] EWHC 3227 (QB).

It deals with the position from a “lis pendens” perspective where a claimant, having been compensated for injuries in the courts of France, subsequently brings a claim for “aggravation” of those injuries in England and Wales.

A claim for “aggravation” in this context is similar to – but, crucially, not the same as – a follow-up claim for further damages after an award of provisional damages in English law.

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