Litigation Notes
Tag: supreme court
Showing 72 out of 127 results
Supreme Court breathes new life into "no oral modification" clauses
The Supreme Court has overturned a decision that contractual clauses requiring amendments to be in writing would not preclude amendments …
Supreme Court decision clarifies basis for the award of Wrotham Park damages
In a recent decision, the Supreme Court overturned a Court of Appeal judgment which potentially expanded the availability of "Wrotham Park" or …
Supreme Court finds contempt of court constitutes unlawful means for the tort of conspiracy
The Supreme Court has held that contempt of court can constitute unlawful means for the purpose of the tort of conspiracy: JSC BTA Bank v Khrapunov …
Supreme Court holds English court has jurisdiction over tort claim where conspiracy hatched in England
The Supreme Court has held that the place of the event giving rise to damage in a claim alleging the tort of conspiracy to injure by unlawful means is …
Supreme Court decision makes it harder for directors to establish limitation defence where they have benefited from breach of fiduciary duty
For the purposes of limitation, directors of a company are treated as trustees, given that they owe fiduciary duties to the company. There is a six year …
Supreme Court refuses to validate service retrospectively where there was no prior agreement to email service
In a recent decision, the Supreme Court declined to order that steps taken by the claimant to draw the claim form to the attention of the defendant by …
Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law
The Supreme Court has found, by a majority and in obiter comments, that direct damage in the jurisdiction is not required to come within the tort …
Causation in valuers' negligence cases: Reliance on earlier valuations
The Supreme Court has held that where a lender advanced money on the basis of an initial valuation, then refinanced the facility (effectively …
Supreme Court restates test for dishonesty in criminal proceedings
The Supreme Court has held that the correct test for dishonesty in criminal proceedings is whether or not the defendant's conduct is dishonest by the …
Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer
In a departure from previous authority, the Supreme Court has confirmed that the situs of a debt created by a letter of credit is the place of residence …
Supreme Court considers extent to which an appellant's relationship with a wealthy third party is relevant in considering whether a payment condition will stifle its appeal
A court may impose conditions when granting permission to appeal. These conditions may include a requirement that the appellant pay money into court …
New president and justices of the Supreme Court and new Lord Chief Justice
As announced today, Lady Hale has been appointed the next (and first female) President of the Supreme Court, to replace Lord Neuberger as from …
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