Litigation Notes

High Court clarifies extent of directors’ and shareholder’s liability in relation to unlawful distribution

The High Court has held that the liability of directors and shareholders of a company in respect of a distribution exceeding the company’s distributable …

High Court finds clause imposing harsh consequences for breach of term aimed at protecting IP rights was not an unenforceable penalty

In a recent decision, the High Court has found that a clause in a settlement agreement which was aimed at protecting a business's IP rights was not …

High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period

The High Court has struck out certain of the claims brought against G4S under section 90A Financial Services and Markets Act 2000 (FSMA), in a judgment …

Court of Appeal confirms approach to setting aside judgment where fresh evidence adduced after trial

The Court of Appeal has refused to remit a question of fraud to be heard by the lower court, where a party alleged that fresh evidence obtained after …

Court of Appeal finds trial should be adjourned due to unavailability of important witness

The Court of Appeal has held that a trial should be adjourned due to the unavailability of an important witness, finding that the relevant test is …

Getting your just deserts: Remedies for breach of contract

Impact of Brexit on applicable law in cross-border insolvencies

From 31 December 2020, the European Regulation on Insolvency Proceedings (the “EIR”) ceased to apply in the UK. As a result: The EIR provides the rules …

High Court considers where cryptocurrencies are located and compels disclosure of information by cryptocurrency exchanges outside the UK

The evolution of class actions in South Africa

In an article published on our global class actions hub, Jonathan Ripley-Evans and Fiorella Noriega del Valle of our Johannesburg office consider the …

Drafting contracts - key lessons from 2020

This annual contract law update from our corporate team considers a number of interesting contract law cases from 2020 which highlighted key points for …

Supreme Court judgment in the KBR v SFO appeal – limits to extraterritorial impact of the SFO’s document compulsion powers

In a recent decision concerning the scope of extraterritorial application of the SFO’s section 2 powers, the Supreme Court held that the SFO does …

Okpabi v Shell: Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care

On 12 February, the Supreme Court handed down its judgment in a high profile jurisdictional challenge relating to group claims brought against Royal …