Civil Litigation Annual Review: 2023

4 March 2024
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2023 was another busy year for the English courts. The courts continue to grapple with a high volume of insurance and aviation disputes arising out of Russia’s invasion of Ukraine. The litigation funding sphere was hit with the Supreme Court Decision of PACCAR, and significant collective action claims have made their way through the courts. There have also been interesting developments in climate change, ESG and cryptocurrency litigation.

In addition to these matters, in this detailed annual review we consider some of the key cases and developments over the course of 2023 including:

  • Key developments in company law, particularly those impacting the duties owed by company directors;
  • Discussions of key contract and tort law cases such as those regarding contractual interpretation, continuing nuisance, plus developments in the Quincecare Duty;
  • A substantial explanation of the key procedural developments throughout 2023, including cases examining the new jurisdictional gateways, security for costs and witness evidence, together with cases concerning the ambit of documentary disclosure and privilege;
  • Developments in the funding sphere; and
  • Commentary on the Arbitration Act reforms.