Litigation Notes

High Court removes administrators as a result of a conflict of interest

Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms

The decision is a welcome return to the orthodox position in respect of fiduciary duties and common law bribery, but may provide the basis and benchmark …

Court of Appeal confirms court has no jurisdiction despite English jurisdiction clauses as defendants were not parties to relevant contracts as undisclosed principals

Supreme Court clarifies remedies available against dishonest assistant for breach of a constructive trust

The decision confirms that a dishonest assistant can be liable to compensate a beneficiary who has suffered loss due to a fiduciary's dissipation of …

Court of Appeal overturns decision refusing order for Extended Disclosure to aid construction of insurance policy

The decision provides guidance on the court's approach to applications for Extended Disclosure

Commercial litigation podcast series – Episode 32: General update

Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders

The immovables rule: Exceptions and implications for foreign insolvency office holders – Guidance from recent cases

High Court declines to set aside order giving effect to letter of request despite failure to give full and frank disclosure

High Court finds private equity fund bound by its agent acting with apparent/ostensible authority

The decision highlights that when an agent's authority to sign a contract is questioned, the court may take post-contractual communications into …

Court of Appeal confirms litigation funding agreements are not DBAs if based on a multiple of funding rather than a percentage of damages

High Court finds breach of express obligations of good faith but no loss