Jack Thorne

Jack Thorne focuses his practice on litigation and dispute resolution, advising across a broad range of domestic and international disputes, with a focus on commercial litigation and arbitration, finance litigation, and corporate insolvency. He has particular experience dealing with cross-border disputes arising out of corporate and financial transactions.

Commercial Court Orders Disclosure in Wake of Fraud Summary Judgment


By and on May 22, 2024
Posted In Court Judgment, United Kingdom

In the case of Lowry Trading Limited and anor v Musicalize and ors [2024] EWHC 773 (Comm),[1] the Commercial Court demonstrated its willingness to use the various tools at its disposal to compel disclosure and/or the provision of information, particularly where there is a subtext of fraud. Background The Claimants operate investment businesses. They claim...

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Collateral Waiver: When Voluntary Disclosure Has Unintended Consequences


By and on May 22, 2024
Posted In Court Judgment, United Kingdom

In Alexander Gorbachev v Andrey Grigoryevich Guriev [2024] EWHC 622,[1] the Commercial Court held that the claimant’s voluntary disclosure of a privileged chronology originally produced by its barrister gave rise to a collateral waiver of: (i) an updated draft of that chronology; as well as (ii) all documents containing, recording or otherwise evidencing the claimant’s...

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High Court Issues First Judgment on Quincecare Duty After Landmark Supreme Court Ruling


By and 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 , , and 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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Clearview AI Inc Overturns Regulatory Intervention at First Instance


By , and on Feb 14, 2024
Posted In Court Judgment, Regulatory/Compliance, Technology, United Kingdom

Clearview AI Inc.’s facial recognition technology has been subject to regulatory scrutiny from the privacy sector worldwide, including the UK Information Commissioner who issued the US company with monetary penalty and enforcement notices (the Notices) for alleged violations of GDPR/UK GDPR (the Regulations). In a judgment dated October 17, 2023 (the Judgment), the UK’s First-tier...

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Representative Proceedings | A Low Bar to the “Same Interest” Requirement?


By and on Feb 11, 2024
Posted In Court Judgment, United Kingdom

In Commission Recovery Ltd v Marks & Clerk LLP & Anor [2024] EWCA Civ 9, the Court of Appeal handed down one of its first decisions concerning representative proceedings following the landmark Supreme Court decision in Lloyd v Google. The Court of Appeal upheld the High Court’s decision at first instance and allowed a representative...

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