Litigation Notes

High Court confirms that conscious “awareness” of a representation is an essential (and distinct) element to a claim for misrepresentation

The High Court has confirmed that a claimant’s conscious awareness or understanding of an implied representation is an essential element for a claim for …

Supply chain risk: England not appropriate forum for ESG-related claims against Dyson relating to actions of Malaysian manufacturer

Climate disputes – Parent company and supply chain risk

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called "test case"

Negligence claim against accountants can proceed to trial despite contractual disclaimer

Court of Appeal provides further clarification on the limitation period in fraud claims

A recent Court of Appeal decision has added to the case law considering the operation of section 32(1)(a) of the Limitation Act 1980, under which the …

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