Harry Denlegh-Maxwell
Harry Denlegh-Maxwell focuses his practice on international commercial litigation and arbitration. He advises clients in complex, high-value, multi-jurisdictional disputes, from providing pre-dispute strategic advice, including on dispute avoidance and litigation risk, through to appeal. Harry counsels clients from a range of sectors including financial services, technology and life sciences. Harry also represents parties in significant competition litigation proceedings.
High Court Issues First Judgment on Quincecare Duty After Landmark Supreme Court Ruling
By Jack Thorne and Harry Denlegh-Maxwell on Mar 27, 2024
Posted In Banking & Finance, United Kingdom
The so-called Quincecare duty has come under consideration for the first time since the Supreme Court’s ruling in Philipp v Barclays Bank UK plc[1] in July 2023. As we set out in our article here, the ruling in Philipp was widely seen as a welcome clarification of the scope of the Quincecare duty owed by...
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New Government Bill to Reverse Supreme Court’s Decision on Litigation Funding
By Jack Thorne, Briana Walley, Harry Denlegh-Maxwell and James Dobias on Mar 27, 2024
Posted In Legislative Update, Regulatory/Compliance, Transportation & Logistics, United Kingdom
The Litigation Funding Agreements (Enforceability) Bill was introduced to Parliament this week, following the UK government’s announcement earlier this month that it would introduce legislation that would reverse the outcome of the UK Supreme Court’s recent decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others.[1] In PACCAR,...
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Redactions and Waiver of Privilege: High Court Provides Guidance
By Harry Denlegh-Maxwell on Oct 9, 2023
Posted In Court Judgment, United Kingdom
The long-running battle between the Serious Fraud Office (SFO) and Eurasian Natural Resources Corporation (ENRC) has hit the headlines again. The most recent Judgment (which can be found here) concerns ENRC’s challenge to certain redactions to a report disclosed by the SFO. The report in question (the Byrne Report) set out the SFO’s findings following...
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Landmark UK Supreme Court Ruling Strikes a Blow to Litigation Funding
By Harry Denlegh-Maxwell on Jul 26, 2023
Posted In Court Judgment, United Kingdom
On July 26, 2023, the UK Supreme Court gave judgment in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others[1]. By a majority of four to one, the Supreme Court held that litigation funding agreements (LFAs) (which entitle funders to be paid a proportion of any damages recovered) are...
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The Quincecare Duty: A Victory for the Banks?
By Harry Denlegh-Maxwell on Jul 12, 2023
Posted In Court Judgment, Banking & Finance, United Kingdom
On July 12, 2023, the UK Supreme Court delivered a landmark decision on the so-called “Quincecare duty” owed by banks to their customers. In a unanimous judgment in favour of Barclays Bank, the UK’s highest Court held that banks did not owe customers a duty of care in fraud cases where transactions were authorised by...
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