Litigation Notes

High Court grants declaration confirming exclusive jurisdiction of the English courts in order to assist Indian court to determine it did not have jurisdiction

Supreme Court considers principles relating to remoteness in the tort of negligence

Court of Appeal refuses to strike out unfair prejudice petition seeking relief in favour of the company

High Court finds that lender suffered no loss despite negligent valuation of security

The High Court has dismissed a lender’s claim against a valuer for breach of contract and/or negligence in relation to the valuation of security for a …

Supreme Court strikes out Quincecare claim where no loss suffered by insolvent Ponzi scheme

The Supreme Court has upheld the Court of Appeal's decision to strike out a claim brought by the liquidators of a Ponzi scheme against its correspondent …

Court of Appeal confirms reflective loss rule will bar claims of former shareholders of a dissolved company because the principle must be determined at time of alleged loss

The Court of Appeal has upheld a decision of the High Court to strike out a claim by the former shareholders of a dissolved company against an investor …

Court of Appeal considers approach to damages for breach of warranty and deceit in context of share sale

Freezing orders brought onto the blockchain and service of proceedings via NFTs

Court of Appeal finds claim for wasted expenditure not excluded by clause excluding consequential losses

Court of Appeal rejects novel argument that fraud victims should give credit for the “time value” of cash received as part of a fraudulent transaction

In the context of a claim brought by the victim of a fraud against the perpetrator, seeking damages for consequential loss of investment opportunity in …

Commercial litigation podcast series – Episode 10: General update

High Court finds acceleration clause is susceptible to rule on penalties, but declines to apply the rule as the amounts in question were payable in any event under a separate clause