Litigation Notes

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 …

Court of Appeal overturns decision refusing order for Extended Disclosure to aid construction of insurance policy

The decision provides guidance on the court's approach to applications for Extended Disclosure

Commercial litigation podcast series – Episode 32: General update

Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders

The immovables rule: Exceptions and implications for foreign insolvency office holders – Guidance from recent cases

High Court declines to set aside order giving effect to letter of request despite failure to give full and frank disclosure

High Court finds private equity fund bound by its agent acting with apparent/ostensible authority

The decision highlights that when an agent's authority to sign a contract is questioned, the court may take post-contractual communications into …

Court of Appeal confirms litigation funding agreements are not DBAs if based on a multiple of funding rather than a percentage of damages

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

High Court declines to vary interim payment order despite sanctions concerns

The decision highlights that the courts will not easily allow sanctioned parties to use sanctions as a shield against compliance with court orders.

Agreements to agree: Court of Appeal finds supply contract enforceable despite leaving price to be fixed

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