Litigation Notes

Court of Appeal confirms test for dishonesty in dishonest assistance claims

The Court of Appeal has held that an accountant member of a multi-disciplinary firm of solicitors was liable as an accessory for dishonestly assisting …

High Court reaffirms orthodoxy in assessing damages for breach of warranty in a share purchase agreement

Court of Appeal overturns CAT's refusal to certify the MasterCard collective action claim

The Court of Appeal has overturned the Competition Appeal Tribunal's (CAT) decision refusing certification in MasterCard's £14 billion collective action …

EU guidance on no deal Brexit suggests increased risk Hague Convention on Choice of Court Agreements won't apply to exclusive English jurisdiction clauses agreed pre-Brexit

As we have previously noted, there is some uncertainty over whether, following a no deal Brexit, EU27 countries will apply the 2005 Hague Convention on …

High Court declines to apply so-called Arkin cap to restrict funder's liability for adverse costs

The High Court has found that a commercial funder was liable for all of the defendants' costs incurred in successfully defending a funded claim, from the …

Court of Appeal confirms second claim an abuse of process after first claim struck out for non-payment of security for costs

In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court's process, where the claim repeated an earlier …

Supreme Court emphasises importance of context in determining meaning in defamation cases

The Supreme Court has unanimously rejected the approach taken by a first instance judge in using dictionary definitions as the starting point for …

Court of Appeal reiterates limited scope for reference to pre-contractual material when interpreting contracts

High Court finds Protective Costs Orders are not available in private law litigation

The High Court has applied Court of Appeal authority to rule that Protective Costs Orders (PCOs) are not available to claimants in private law …

Court of Appeal upholds freezing order preventing party from making payments in the ordinary course of business

The Court of Appeal has dismissed an appeal against the removal of a so-called Angel Bell exception to a post-judgment freezing order, with the effect …

Court of Appeal decision suggests broad interpretation of Contracts (Rights of Third Parties) Act 1999

The Court of Appeal has held that a letter of instruction ("LOI") between a bank and its customer conferred a benefit on third party investors. The …

Employment Appeal Tribunal finds penalty rule did not apply where no breach relied on

The Employment Appeal Tribunal (EAT) has held that the rule against penalties did not apply where an employer imposed certain contractual provisions …