Litigation Notes

Commercial Court finds no implied term necessary to give business efficacy where agreement allocated risk between the parties

Government to legislate for enforceability of litigation funding agreements based on a share of damages

Navigating legal privilege issues when using AI

A Litigator's Yearbook and a broader Disputes Yearbook for 2025

Court of Appeal clarifies scope for claims against foreign third parties for assisting breaches of freezing orders

The decision confirms that claims for unlawful means conspiracy can be brought against individuals outside the court’s jurisdiction who facilitate …

Supreme Court clarifies liability for equitable compensation for breach of fiduciary duty

The decision confirms that fiduciary liability attaches to those who act as fiduciaries in substance, even if their formal powers have lapsed, and that …

Court of Appeal recognises "onerous clause doctrine" where terms are incorporated by reference

However, the decision suggests that a high threshold will be applied, particularly in a commercial context

Public access to court documents: Commercial Court pilot

Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made

Reliance on a representation can be based on an unconscious assumption, but there must be a causal link between the defendant's words/actions and the …

Court of Appeal overturns High Court’s interpretation of deferred consideration clause

Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right

High Court finds trustees in bankruptcy could seek to annul a bankruptcy order where it could not be given practical effect