Litigation Notes

Article published - Lloyd v Google: the upshot for data class actions

The exponential growth in the volume of data being collected and shared, along with the ease and reduced costs of gathering, analysing, using and …

High Court considers the requirement for “awareness” in implied misrepresentation claims

The High Court has refused an application to strike out or summarily dismiss a claim for fraudulent misrepresentation in the group litigation against …

Claimants “substantially succeed” in the largest ever English civil fraud trial

The High Court has published a summary of its findings on liability in the long-running USD$5 billion civil fraud action brought by the Hewlett Packard …

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 …

Webinar: Transnational torts and parent company liability

The English court has seen numerous mass tort claims brought by large groups of claimants against UK companies, often in the energy or extractive …

Setting aside judgments for fraud: Court of Appeal considers what level of prior knowledge will disentitle the innocent party

The Court of Appeal has allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis …

Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers

In the context of a claim brought by a bank against a valuer, seeking damages in respect of a negligent valuation report for land representing the bank’s …

High Court dismisses fraudulent misrepresentation claim relating to loan notes investment on limitation grounds

The High Court has dismissed a claim by the assignee of an investment fund against a financial advisory firm (and associated parties) for losses arising …

Supreme Court finds claim for compensation under data protection legislation cannot proceed on "opt-out basis" in high profile Lloyd v Google case

Supreme Court confirms wide interpretation of "damage" for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

Supreme Court clarifies requirements for tort of lawful act economic duress

Supreme Court confirms proper boundaries to tort of causing loss by unlawful means