Litigation Notes

Court of Appeal clarifies when a claim may be an abuse of process due to a failure to raise it with the court in earlier proceedings

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 dismisses US investment bank's success fee claim in connection with the public offer of shares in Indian bank

The decision illustrates the need for contracting parties to take care in drafting terms involving lists

Unfair prejudice petition: High Court continues interim injunction replacing director who breached sanctions legislation

Court of Appeal considers whether default interest clause is an unenforceable penalty

The decision suggests that a default interest provision is likely to be enforceable so long as it is not extortionate, exorbitant or unconscionable

Collateral use undertakings: High Court grants permission to disclose schedules to claim in response to foreign court order

Privy Council changes English law on the intersection of insolvency and arbitration

The decision means the parties' choice of dispute resolution forum should not impact a creditor's ability to engage the insolvency process where …

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

Commercial litigation podcast series – Episode 26: General update

High Court finds party has practical control over documents of sub-contractor and sub-sub-contractor for disclosure purposes

High Court considers contractual remedies for failure to transfer cryptocurrency

Court of Appeal finds party cannot avoid paying debt by relying on non-fulfilment of condition precedent caused by its own breach of contract