Litigation Notes

Data class actions: claim for misuse of private information could not be brought as "opt-out" representative action

Supreme Court finds no continuing nuisance simply because polluting substance remains on claimants' land

A recent Supreme Court decision has confirmed the orthodox position in relation to how the law of limitation applies to claims in private nuisance, in …

Court of Appeal upholds decision that no duty owed to investors by barrister advising scheme promoter

The Court of Appeal handed down judgment on Friday in David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, unanimously dismissing the …

Court of Appeal rejects novel duty of care to protect employees from economic loss arising from a criminal conviction in the performance of duties

The Court of Appeal has dismissed the appeal of a bank employee, finding that the bank did not owe a novel duty to take reasonable care to avoid the risk …

Is the decentralised governance of Bitcoin a myth? Court of Appeal finds real issue to be tried as to whether developers owe fiduciary duties to Bitcoin owners

High Court orders delivery up of stolen Bitcoin against crypto exchange

The High Court held, on an uncontested summary judgment application, that the crypto exchange controlling the wallet into which the claimant's stolen …

Court of Appeal considers when director liable as accessory to a tort committed by a company

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

How to navigate the Autonomy judgment: guidance for corporate issuers defending Section 90A / Schedule 10A FSMA shareholder claims

The High Court has handed down its long-awaited judgment in the US$5 billion civil fraud action brought by the Hewlett Packard group in connection with …

High Court finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassets

The High Court has held that cryptoasset systems and software developers did not owe a duty to cryptoasset owners to permit or enable access to the …

Supreme Court finds in favour of right to privacy for those subject to criminal investigation

The Supreme Court has confirmed that an individual who is the subject of a criminal investigation will, in general, have a reasonable expectation of …

High Court finds no duty owed to investors by barrister advising scheme promoter

In a decision handed down this morning, the High Court has found that a tax QC who had prepared opinions for the promoter of film finance tax schemes did …