United Kingdom: Court Procedure

Trower J's judgment in Glencore Energy UK Ltd v Prax Lindsey Oil Refinery Ltd provides crucial guidance on when courts will grant leave to commence proceedings against a company in liquidation under section 130(2) of the Insolvency Act 1986. The case examines the balance between protecting a company's limited assets during liquidation and allowing creditors with proprietary claims to pursue their rights outside the statutory proof process.

A recent High Court ruling demonstrates that successful parties in litigation should not face unnecessary delays in recovering their legal costs. The case of Ocorian Private Trustees v McGeoch examines how courts determine reasonable interim payments when final cost assessments are still pending, and what evidence carries the most weight in such decisions.

Manchester City faces 115 alleged Premier League rule breaches spanning nine seasons, raising unprecedented questions about financial regulation, sporting integrity, and governance in English football. Could titles be stripped, what compensation claims might follow, and why does this case represent far more than just a sporting dispute?

The Competition Appeal Tribunal has partially approved collective proceedings against Apple and Amazon, certifying claims related to on-platform pricing while rejecting off-platform allegations.

A county court ruling challenges the conventional understanding of limitation periods in consumer credit claims, finding that sections 140A-C of the Consumer Credit Act 1974 may not be subject to statutory time limits at all. Drawing parallels with the Supreme Court's decision on unfair prejudice petitions, the judgment suggests that unfair relationship claims address a 'state of affairs' rather than a breach of duty, potentially opening the door to historic consumer credit litigation. The decision carries

Separating finances on divorce becomes significantly more complex when international parties and assets are involved. High net worth individuals face particular challenges with property, investments, and business interests held overseas, which can create substantial hurdles to settlement and resolution. Understanding jurisdiction, disclosure requirements, and enforcement mechanisms is essential for navigating these intricate cases.

The English High Court has clarified when duties of good faith will be implied into commercial contracts, rejecting the notion that "relational contracts" automatically trigger such obligations. The decision establishes that courts must apply orthodox implication principles and confirms that settlement agreements are inherently unlikely to include implied good faith duties.

When a professional negligence claim approaches limitation and the proposed defendant has been dissolved, the Third Parties (Rights against Insurers) Act 2010 offers a potential route to pursue claims through professional indemnity insurers. However, a recent High Court decision demonstrates that this Act does not suspend limitation periods, leaving claimants vulnerable if they fail to take timely protective steps before the ordinary six-year deadline expires.

Independent Financial Advisers need comprehensive information about a protected party's background, current finances, and future care projections to provide effective advice in Court of Protection cases. Deputies who understand how to frame instructions properly—focusing on what the money needs to achieve rather than simply what's available to invest—receive better-targeted financial guidance and can more effectively manage family expectations through scenario modelling.