Litigation Notes
Tag: supreme court
Showing 108 out of 127 results
UK Supreme Court to consider whether recoverable success fees / ATE premiums breach Article 6 rights
In a judgment handed down last Wednesday, 23 July, the Supreme Court said it was open to the Court to reconsider whether a claimant's right to …
Supreme Court corrects "wrong turn" in English law, holding that bribes received by an agent are held on trust for the principal
Who is the rightful owner of a bribe? Is a bribe or secret commission received by an agent "held on trust" for his principal? Or is the principal's claim …
Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance / knowing receipt
Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered, …
Supreme Court interprets Articles 27 and 28 of Brussels Regulation, but many issues still require clarification from CJEU
The Supreme Court has refused to stay English proceedings under Article 28 where a related action was commenced in Greece seeking to reopen issues …
UK Supreme Court clarifies when retrospective alternative service out of the jurisdiction is permitted
The Supreme Court has considered when an order can be made retrospectively declaring that steps taken to bring a claim form to the attention of a …
UK Supreme Court confirms power to issue anti-suit injunction even when no arbitration underway or proposed
The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in …
UK Supreme Court confirms corporate veil can be pierced in some circumstances
The Supreme Court has confirmed that a court can in very limited circumstances pierce the corporate veil. According to Lord Sumption, the principle …
UK Supreme Court: court can change decision without "exceptional circumstances"
In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that …
UK Supreme Court confirms FSA not required to give cross-undertaking in damages
In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction …
Three new Supreme Court Justices appointed
The Supreme Court has today announced the appointment of three new justices, or one quarter of the 12-member Court: Lord Justice Hughes, Lord …
Supreme Court refuses to pierce corporate veil in VTB Capital Plc's jurisdiction appeal
The Supreme Court has today unanimously refused to pierce the corporate veil in order to treat an alleged fraudster as a party to a contract entered into …
UK Supreme Court refuses to extend privilege to accountants
The Supreme Court confirmed today that legal advice privilege ("LAP") cannot be claimed in respect of confidential communications between accountants and …
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