Litigation Notes

Supreme Court confirms objective element to directors’ duty to act in good faith under Companies Act s.172

A witness's own use of AI to prepare for cross-examination may amount to prohibited witness coaching

UK government consults on measures to speed up and simplify competition class actions regime

The stated aim is to provide a route to redress that is swifter, simpler, less costly and distributes more money to consumers and businesses.

High Court orders claimant to pay defendant's costs after recovering just 1.6% of its professional negligence claim

Court of Appeal confirms default interest clause in loan agreement is not unenforceable penalty

The decision illustrates the margin of discretion afforded to lenders to include provisions to defend their legitimate interest in repayment.

The release of claims in cross-border restructurings: forum shopping and related party releases in England, Singapore and the US

UK Jurisdiction Taskforce publishes final legal statement on liability for AI harms

Solicitors Regulation Authority consults on consumer protection measures where litigation funding used for consumer claims

High Court orders party's directors to hand over mobile devices to an independent reviewer

High Court considers appropriate split for trial of s.90 and 90A FSMA claims in Entain litigation

Multi-party claims: Court of Appeal upholds decision allowing over 5,000 motor finance claims to be brought together

High Court adjourns landmark securities class action trial due to risk of prejudice to overlapping criminal proceedings

The decision illustrates the challenges that can arise when there are simultaneous civil and criminal proceedings.