Litigation Notes

Okpabi v Shell: Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care

On 12 February, the Supreme Court handed down its judgment in a high profile jurisdictional challenge relating to group claims brought against Royal …

Supreme Court applies Patel v Mirza to reject illegality defence to solicitors' negligence claim where claimant had engaged in mortgage fraud

The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a claim against her solicitors for negligently …

Privy Council clarifies application of Duomatic principle to beneficial owners and the conferring of ostensible authority

The Judicial Committee of the Privy Council has ruled that the corporate director and the agent of a BVI-based holding company did not owe the company a …

The Law of Solicitors' Liabilities, Fourth Edition published

The Law of Solicitors' Liabilities, Fourth Edition, previously known as Solicitors' Negligence and Liability, has recently been released. The …

Court of Appeal gives wide interpretation to “damage” for the purposes of the common law jurisdictional gateway for tort claims

The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort …

High Court finds in favour of novel duty of care on employers (or quasi-employers) to protect against economic loss by providing an “ethically safe” work environment

In a recent decision, the High Court has awarded a former partner of Ernst & Young (EY) damages exceeding $11 million, broadly equating to past and …

High Court affirms orthodox application of directors’ no conflict duty in insolvency

The High Court has ruled that directors breached their duties by taking up the company’s business opportunity for their own benefit, even if the company …

Proceedings time barred where claim form issued but not served during applicable foreign limitation period

High Court applies contractual cap on liability only after reducing damages for contributory negligence 

In a recent case, the High Court has clarified the correct approach to reducing damages in order to reflect a finding of contributory negligence where …

Court of Appeal upholds strict interpretation of the "Duomatic" principle, which allows informal shareholder approval of company decisions

In a recent decision, the Court of Appeal reconfirmed that the Duomatic principle can only apply where all shareholders have approved the relevant act of …

Important Supreme Court decision on "Quincecare" duties of care and corporate attribution

High Court refuses Tesco’s strike out application in s.90A FSMA group shareholder action

In an important decision for securities litigation in the UK, the High Court has dismissed a strike out application made by Tesco plc in the group …