Litigation Notes

Court of Appeal gives guidance on scope of fiduciary duty in "secret commissions" case

The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount …

High Court restrains claimants from using defendant's privileged material obtained from third parties in unknown circumstances

A recent High Court decision demonstrates that, whilst confidentiality is a prerequisite to a claim for privilege, information will not cease to be …

Inadequate explanation, no relief: A reminder of the potential tough consequences of failing to comply with a court order

The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs …

Supreme Court considers loss of chance in professional negligence claim

The Supreme Court has given a rare judgment on the court's approach to awarding damages for a "loss of a chance" in a professional negligence …

High Courts finds European Medicines Agency lease not frustrated by Brexit

Previous expert's draft report did not have to be disclosed where court had already granted permission to rely on a different expert

Where a claimant had already been granted permission to call an expert, and it later came to light that the claimant had previously instructed a …

Draft Civil Procedure Rule changes in the event of a no deal Brexit

The government has published a draft statutory instrument, the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, which makes amendments …

Supreme Court overturns decision finding contract incomplete and declining to imply term

The Supreme Court has unanimously held that a binding agreement was reached between a property seller and an estate agent, despite the parties not having …

High Court finds director can be served with all documents relating to proceedings at address registered at Companies House

The High Court has held that section 1140 of the Companies Act 2006 permits service on a director, of all documents relating to proceedings against that …

Drafting contracts: Key lessons from 2018

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

Court of Appeal clarifies "advice" vs "information" distinction when applying SAAMCO principle in advisers' negligence cases

The Court of Appeal has confirmed that an auditor was not liable for break costs incurred as a result of its negligent advice in relation to the …

Government accepts need for greater clarity in regulations governing damages-based agreements

The government has today published the results of its post-implementation review of the key legislation that implemented the costs and funding aspects of …