Litigation Notes

Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders

The Board of the Privy Council has allowed an appeal in relation to the application of the so-called “reflective loss” principle, confirming that the …

Supreme Court restores orthodox approach to liquidated damages for delay where work never completed

The Supreme Court has overturned a Court of Appeal decision which held that a clause providing for liquidated damages for delay did not apply where the …

High Court finds buyer not entitled to reject off-spec oil

A recent High Court decision has given a helpful analysis of the consequences that follow from delivering off-specification oil: Galtrade Limited v BP …

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers of …

Court of Appeal confirms accessory liable to account only for own profits and not those made by principal

The Court of Appeal has held that accessories who were jointly and severally liable with a principal as joint tortfeasors were liable to account only for …

Court of Appeal overturns decision that suggested damages might be calculated differently where claimant is hopelessly insolvent

The Court of Appeal has struck out Quincecare duty and dishonest assistance claims brought by the liquidators of a company operating a Ponzi scheme …

Court of Appeal decision confirms severe consequences where business partner for exploitation of oil-extraction technology breached fiduciary duty

The Court of Appeal has substantially upheld the first instance decisions in a lengthy piece of ongoing litigation relating to a joint business venture …

Commercial Court finds buyer entitled to repayment of advance payment where delivery prevented by force majeure

High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex

In the first decision to consider the so-called “reflective loss” principle since the Supreme Court’s judgment in Sevilleja v …

High Court decision suggests damages may be calculated differently where claimant is hopelessly insolvent

In a recent decision, the High Court declined to strike out a claim against a bank for alleged breach of a Quincecare duty on the ground that the …

Court of Appeal considers application of "SAAMCO" principle in context of auditor's negligence case

The Court of Appeal has held that, where an auditor negligently failed to detect management's dishonest concealment of the claimant's insolvency, it was …

Privy Council finds loss of profits under separate contract not too remote to be recoverable

On an appeal from the Court of Appeal of the British Virgin Islands, the Privy Council has considered the damages that should have been awarded to a …