Litigation Notes

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called "test case"

Negligence claim against accountants can proceed to trial despite contractual disclaimer

Commercial litigation podcast series – Episode 19: General update

Court of Appeal provides further clarification on the limitation period in fraud claims

A recent Court of Appeal decision has added to the case law considering the operation of section 32(1)(a) of the Limitation Act 1980, under which the …

Data class actions: claim for misuse of private information could not be brought as "opt-out" representative action

Supreme Court finds no continuing nuisance simply because polluting substance remains on claimants' land

A recent Supreme Court decision has confirmed the orthodox position in relation to how the law of limitation applies to claims in private nuisance, in …

Court of Appeal upholds decision that no duty owed to investors by barrister advising scheme promoter

The Court of Appeal handed down judgment on Friday in David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, unanimously dismissing the …

Court of Appeal rejects novel duty of care to protect employees from economic loss arising from a criminal conviction in the performance of duties

The Court of Appeal has dismissed the appeal of a bank employee, finding that the bank did not owe a novel duty to take reasonable care to avoid the risk …

Is the decentralised governance of Bitcoin a myth? Court of Appeal finds real issue to be tried as to whether developers owe fiduciary duties to Bitcoin owners

High Court orders delivery up of stolen Bitcoin against crypto exchange

The High Court held, on an uncontested summary judgment application, that the crypto exchange controlling the wallet into which the claimant's stolen …

Court of Appeal considers when director liable as accessory to a tort committed by a company

Freezing orders brought onto the blockchain and service of proceedings via NFTs