How To Shoot For Arrow Relief

The Court of Appeal has ruled that the discretion as to whether or not to award Arrow relief lies with the trial judge, for exercise in light of the facts and circumstances at the date of the trial.

In an application to strike out such a claim (i.e. before the trial has been reached), the task for the court is merely to determine whether the pleaded facts and arguments give rise to a realistic claim which should go to trial. At such a preliminary stage it is not appropriate for the court to determine whether the facts relied upon are sufficiently "unusual" to justify Arrow relief.

The Court of Appeal's judgment in Glaxo Group Limited & Ors v Vectura Limited [2018] EWCA Civ (28 June 2018), overturning HHJ Hacon's first instance judgment, is now available to read.