Jurisdiction(s):
United Kingdom

High Court lets Your Lawyers’ NDA breach claim proceed against Therium and Capital Interchange over VW emissions group action; not a collateral attack; no abuse of process; summary judgment refused

Published on: 29 February 2024

Published by a Law360 reporter

Legal News

Article summary

The High Court has ruled that Your Lawyers Ltd may move ahead with its allegation that Capital Interchange Ltd and Therium Capital Management Ltd breached a 2016 non-disclosure agreement tied to a prospective group action over Volkswagen AG’s emissions scandal, a breach said to have resulted in a different firm publicising its own action first.

Judge Elizabeth Jones KC dismissed assertions that the suit mounted a challenge to an earlier UK Supreme Court ruling or amounted to an abuse of process.

She stated she did not regard the proceedings as a collateral assault on the Supreme Court’s judgment, nor as behaviour likely to bring the administration of justice into disrepute, and therefore not an abuse of the court’s process.

The judgment records that the quarrel began after Your Lawyers and litigation funding broker Capital Interchange entered into a non-disclosure pact to secure finance for a planned group claim involving roughly 4,000 would‑be claimants against VW.

Capital Interchange then connected Your Lawyers with Therium, a litigation funder with which the broker already had an introduction and confidentiality agreement, the judge added...

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