Litigation Notes

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

Commercial litigation podcast series – Episode 33: General update

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 …

Section 172 "good faith" duty: Court of Appeal clarifies honesty requirement, which must be assessed objectively

Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty

The decision confirms that a "but for" causation analysis based on a hypothetical counterfactual is not relevant in determining the scope of an account …

Court of Appeal confirms that dishonesty is essential ingredient in half-secret commission claims

This decision clarifies a number of important legal principles in secret and half-secret commission claims.