Litigation Notes
Tag: supreme court
Showing 96 out of 127 results
Supreme Court decision confirms second attempt at relief from sanctions will be uphill battle
The Supreme Court has upheld the Court of Appeal's decision overturning the grant of a second application for relief from sanctions for failure to …
Supreme Court confirms that company directors' powers must be exercised for a proper purpose
In an important decision which will impact upon corporate disputes, the Supreme Court has confirmed that the exercise of an apparently unfettered …
Supreme Court clarifies test for implying terms into a contract
In a judgment handed down yesterday morning, the Supreme Court has clarified the law on when the court can imply a term that the parties have not …
Supreme Court rewrites English law rule on penalties
In a judgment handed down this morning, the Supreme Court has in effect re-written the rule on penalties, saying that the underlying rationale of the …
Supreme Court clarifies scope of "assets" covered by a freezing order
In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of …
Contractual damages: Supreme Court confirms overriding compensatory principle in case of one-off sale
In a recent judgment, the Supreme Court has confirmed that the overriding compensatory principle applies in the case of an anticipatory breach …
Supreme Court rules recoverable success fees / ATE premiums do not breach Article 6 rights
In a judgment handed down this morning, 22 July, the Supreme Court held (by a majority of five to two) that a claimant’s right to recover a …
Supreme Court re-emphasises importance of “natural meaning” in interpreting contracts
In interpreting a service charge provision in a number of long leases, the Supreme Court has concluded that arguments based on commercial common sense …
Supreme Court takes restrictive approach to the opening of secondary proceedings in England under EC Insolvency Regulation
The Supreme Court has held that, in order to open secondary proceedings in England under EC Regulation 1346/2000 on Insolvency Proceedings, the …
Supreme Court confirms company in liquidation not prevented from claiming against directors on the basis of fraud attributable to the company
The Supreme Court has unanimously upheld a Court of Appeal decision refusing to strike out a claim by a “one-man” company in liquidation, …
UK Supreme Court: merits generally irrelevant to enforcement of case management directions
In a judgment given yesterday (26 November) the majority of the Supreme Court has expressed the view that the strength of a party's case on the …
UK Supreme Court considers proper approach to awarding compensation for breach of trust in a commercial context
The Supreme Court has confirmed that equitable compensation for breach of trust in the context of a commercial transaction, and in the absence of fraud, …
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