Litigation Notes

Commercial Court decision confirms corporate dishonesty cannot be assembled from the innocent states of mind of different executives

The judgment illustrates that there is a high hurdle for establishing fraud.

Digital property and the limits of conversion: High Court strikes out conversion claim for misappropriation of Bitcoin

Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made

Reliance on a representation can be based on an unconscious assumption, but there must be a causal link between the defendant's words/actions and the …

High Court refuses to strike out lender's claim against law firm for tort of unlawful interference in respect of irresponsible lending claims they advanced on behalf of the lender's customers

Court of Appeal confirms that dishonesty is essential ingredient in half-secret commission claims

This decision clarifies a number of important legal principles in secret and half-secret commission claims.

High Court allows case to proceed against defendant companies domiciled in England despite claims having more real and substantial connection with Brazil

Supply chain risk: Court of Appeal finds claims against Dyson relating to actions of Malaysian manufacturer should proceed in England

Data class actions: Court of Appeal upholds decision blocking "opt-out" representative action for misuse of private information

Court of Appeal finds lenders liable in motor finance broker commission cases

This decision is likely to have ramifications for both the consumer-finance sector and other consumer-facing industries with a business model involving …

High Court finds company director liable for misrepresentations made on behalf of the business

The decision applies the Supreme Court's recent restatement of the law on directors' accessory liability in tort

Court of Appeal upholds award of penal interest on tort damages under applicable foreign law

Inducing a breach of contract: Court of Appeal considers necessary degree of participation in a third party's breach to establish tort of inducement