Litigation Notes

High Court dismisses liquidator's dishonest assistance and fraudulent trading claims, rejecting all allegations of dishonesty

The decision clarifies that the General Rolling Stock principle (whereby limitation periods cease to run against a company in liquidation) does not apply …

Court of Appeal confirms defendant not required to take any steps in proceedings unless claim form validly served in time

Court of Appeal confirms repudiatory breaches were "capable of remedy" for the purposes of a deemed transfer provision in a shareholders' agreement

UK Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026

Privy Council delivers a useful reminder of the limits of the Re Duomatic principle of informal shareholder assent

High Court confirms that non-authorised fee earners cannot conduct litigation

Litigation developments: England and Wales – Quarterly update

High Court dismisses high-profile libel claim, finding that defences of truth and public interest are established

High Court finds claim brought by director under Contracts (Third Party Rights) Act 1999 to enforce an SPA warranty could be served out of the jurisdiction without the court's permission

High Court sets aside default judgments entered against guarantors under a facility agreement on the basis that service of the claim was not valid

The court found that a clause in the facility agreement which allowed the lender to appoint a replacement service of process agent was an unfair contract …

High Court interprets rules allowing service out of the jurisdiction without the court's permission based on a contractual jurisdiction clause

High Court grants permission to bring concurrent derivative claim and unfair prejudice petition