Litigation Notes

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers of …

Court of Appeal upholds decision correcting drafting error by interpretation

High Court upholds order for Part 36 costs consequences following nominal damages award

The High Court has upheld an order for the claimants to obtain the favourable costs consequences under CPR Part 36, in a case where they had made a Part …

Supreme Court clarifies proper approach to determining scope of duty of care owed by a professional adviser

In what is now the leading authority on the application of the decision in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 …

High Court finds litigation privilege applies despite third party being deceived as to purpose of information request

Supreme Court confirms that, where cause of action accrues at midnight, the following day is included for limitation purposes

Article published - Witness evidence and refreshing memory: virtue or vice?

The most controversial feature of the new regime for trial witness statements in the Business and Property Courts, at Practice Direction 57AC and its …

Court of Appeal confirms accessory liable to account only for own profits and not those made by principal

The Court of Appeal has held that accessories who were jointly and severally liable with a principal as joint tortfeasors were liable to account only for …

High Court finds it would be unjust to award claimant Part 36 costs consequences due to reliance on late evidence

In a recent judgment, the High Court held that it would be unjust to award a claimant the beneficial costs consequences under CPR Part 36, because the …

High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic

The High Court has found that, when exercising its discretion as to whether to designate a force majeure event under a plumbing franchise agreement due …

High Court considers doctrine of frustration in Covid context and confirms there is no such thing as "temporary frustration"

Witness immunity rule did not apply to examination conducted under s.236 of the Insolvency Act 1986

The High Court has held that an examination conducted pursuant to an order made under s.236 of the Insolvency Act 1986 ("IA") did not attract witness …