Litigation Notes

Supreme Court finds claim for compensation under data protection legislation cannot proceed on "opt-out basis" in high profile Lloyd v Google case

Supreme Court confirms wide interpretation of "damage" for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

Commercial litigation podcast series – Episode 10: General update

Supreme Court clarifies requirements for tort of lawful act economic duress

Supreme Court confirms proper boundaries to tort of causing loss by unlawful means

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers of …

Supreme Court clarifies proper approach to determining scope of duty of care owed by a professional adviser

In what is now the leading authority on the application of the decision in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 …

Court of Appeal confirms accessory liable to account only for own profits and not those made by principal

The Court of Appeal has held that accessories who were jointly and severally liable with a principal as joint tortfeasors were liable to account only for …

High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …

Court of Appeal confirms application of Duomatic principle to beneficial shareholders

In a recent decision, the Court of Appeal has followed last year’s Privy Council decision in Ciban Management Corpn v Citco (BVI) Ltd [2020] UKPC 21 …

High Court determines that reliance issues in context of a s.90A FSMA claim should be heard at first trial

At a recent case management conference in relation to a claim under section 90A of the Financial Services and Markets Act 2000, the High Court has held …

High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation

In a recent decision, the High Court has struck out claims against a defendant bank alleging implied fraudulent misrepresentations in relation to LIBOR, …