Litigation Notes

Court of Appeal holds fraudsters' intervention broke chain of causation

The decision confirms that a third party's voluntary intervening act will normally break the chain of causation between a defendant's breach of contract …

Court of Appeal confirms unauthorised individuals can lawfully perform tasks that amount to the conduct of litigation, provided they do so for and on behalf of, and under the supervision of, an authorised person who is “carrying on” that litigation

UK Jurisdiction Taskforce publishes Report on Control of Digital Assets

Supreme Court confirms suspension of payment obligations under letters of credit due to UK Russian sanctions regime

The decision also clarifies the scope of protection offered by s.44 SAMLA, where payment is withheld in the reasonable belief of compliance with sanctions.

Supreme Court clarifies liability for equitable compensation for breach of fiduciary duty

The decision confirms that fiduciary liability attaches to those who act as fiduciaries in substance, even if their formal powers have lapsed, and that …

Law Commission recommends new framework for contempt of court liability based on four forms of contempt

High Court dismisses liquidator's dishonest assistance and fraudulent trading claims, rejecting all allegations of dishonesty

The decision clarifies that the General Rolling Stock principle (whereby limitation periods cease to run against a company in liquidation) does not apply …

Privy Council delivers a useful reminder of the limits of the Re Duomatic principle of informal shareholder assent

High Court confirms that non-authorised fee earners cannot conduct litigation

High Court dismisses high-profile libel claim, finding that defences of truth and public interest are established

High Court grants permission to bring concurrent derivative claim and unfair prejudice petition

Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms

The decision is a welcome return to the orthodox position in respect of fiduciary duties and common law bribery, but may provide the basis and benchmark …