Litigation Notes

Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach

Supreme Court clarifies remedies available against dishonest assistant for breach of a constructive trust

The decision confirms that a dishonest assistant can be liable to compensate a beneficiary who has suffered loss due to a fiduciary's dissipation of …

High Court finds breach of express obligations of good faith but no loss

Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss