Litigation Notes

Supreme Court confirms the types of defendant who can be liable for fraudulent trading

Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty

The decision confirms that a "but for" causation analysis based on a hypothetical counterfactual is not relevant in determining the scope of an account …

High Court declines to extend time for defendant to challenge court's jurisdiction, despite claim form having been served out of time

Without prejudice privilege rejected for survey reports commissioned unilaterally to assist with prospective negotiations

High Court decision underlines that the English court may refuse to enforce a foreign judgment even if the relevant foreign rules on jurisdiction and service were complied with

High Court finds parties not bound by expert determination which contained manifest errors

Commercial Court Report for 2023-2024 highlights another year of significant activity

Global trade tariffs: Impact on contractual arrangements

High Court grants rare remedy of winding up of company in shareholder dispute

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

Litigation developments: England and Wales – Quarterly update