Litigation Notes

High Court imposes constructive trust over properties purchased with misappropriated company funds

Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach

Supreme Court clarifies remedies available against dishonest assistant for breach of a constructive trust

The decision confirms that a dishonest assistant can be liable to compensate a beneficiary who has suffered loss due to a fiduciary's dissipation of …

High Court finds breach of express obligations of good faith but no loss

Commercial litigation podcast series – Episode 30: General update

Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss

High Court finds company director liable for misrepresentations made on behalf of the business

The decision applies the Supreme Court's recent restatement of the law on directors' accessory liability in tort

Court of Appeal considers whether default interest clause is an unenforceable penalty

The decision suggests that a default interest provision is likely to be enforceable so long as it is not extortionate, exorbitant or unconscionable

Court of Appeal upholds award of penal interest on tort damages under applicable foreign law

High Court considers contractual remedies for failure to transfer cryptocurrency

Supreme Court gives guidance on accessory liability of company directors and the remedy of account of profits

Representative actions under CPR 19.8: High Court to consider important questions relating to funding and damages for class members