Litigation Notes

Three separate class actions related appeals heading for the Supreme Court

In a sign of the extent to which class actions have become part of the mainstream of English litigation, the Supreme Court has recently given permission …

Supreme Court narrowly interprets exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions

The Supreme Court has held that the English courts did not have exclusive jurisdiction to hear certain claims brought by an English subsidiary company …

Supreme Court clarifies broad scope of court’s discretion to grant non-party access to court documents

New president and justices of the Supreme Court announced

It was announced yesterday that Lord Reed will succeed Lady Hale as President of the Supreme Court when she retires on 10 January 2020, having served as …

Supreme Court clarifies meaning and effect of “serious harm” requirement under Defamation Act 2013

The Supreme Court has held that the requirement to show "serious harm" under section 1(1) of the Defamation Act 2013 not only raises the threshold of …

Supreme Court emphasises importance of context in determining meaning in defamation cases

The Supreme Court has unanimously rejected the approach taken by a first instance judge in using dictionary definitions as the starting point for …

Supreme Court clarifies test for setting aside judgment for fraud

Supreme Court considers loss of chance in professional negligence claim

The Supreme Court has given a rare judgment on the court's approach to awarding damages for a "loss of a chance" in a professional negligence …

Supreme Court overturns decision finding contract incomplete and declining to imply term

The Supreme Court has unanimously held that a binding agreement was reached between a property seller and an estate agent, despite the parties not having …

Supreme Court finds there is no claim in unjust enrichment for compound interest on mistaken payments

In a recent decision, the Supreme Court held that claimants could not bring claims in unjust enrichment to recover compound interest on taxes paid under …

Supreme Court confirms no liability in tort to undisclosed principal provided with bank reference

A recent decision of the Supreme Court confirms that, where a bank reference is requested on behalf of an undisclosed principal, the bank providing the …

Supreme Court confirms employers' duty of care to employees does not extend to the conduct of litigation

The Supreme Court has held that where an employer is sued on the basis that it is vicariously liable for the acts of its employees, it does not owe those …