Litigation Notes

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 …

Section 172 "good faith" duty: Court of Appeal clarifies honesty requirement, which must be assessed objectively

Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty

The decision confirms that a "but for" causation analysis based on a hypothetical counterfactual is not relevant in determining the scope of an account …

Court of Appeal confirms that dishonesty is essential ingredient in half-secret commission claims

This decision clarifies a number of important legal principles in secret and half-secret commission claims.

Commercial litigation podcast series – Episode 30: General update

Privy Council confirms shareholders can bring personal claims against company that allots shares for improper purpose

Insight alert: Dutch Court of Appeal upholds appeal on landmark climate litigation case against Shell

Court of Appeal finds lenders liable in motor finance broker commission cases

This decision is likely to have ramifications for both the consumer-finance sector and other consumer-facing industries with a business model involving …

Former directors of BHS liable to pay £110 million for misfeasance

Law Society publishes 2nd edition of annual International Data Insights Report

The report highlights the continued strength of English law and dispute resolution in the global legal market

Court of Appeal clarifies when a claim may be an abuse of process due to a failure to raise it with the court in earlier proceedings

Retained EU law: Supreme Court clarifies law that applies to pre-Brexit causes of action