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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 …
Court of Appeal confirms correct legal test for determining a principal's liability for its agent's fraudulent misrepresentation
The Court of Appeal has confirmed that, where a claimant has suffered loss in reliance on an agent's fraud, the principal will be vicariously liable only …
Permission for expert evidence of financial market practice refused in relation to allegations of dishonesty
In a recent decision, the High Court refused the defendant financial advisers and agents permission to call expert evidence of financial market …
High Court finds companies' assets not subject to freezing order against shareholder
The High Court has varied a worldwide freezing order by removing language in the order which would have frozen the assets of companies owned by the …
Court of Appeal confirms appropriate means for challenging judgment allegedly obtained by fraud
The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the …
High Court applies high threshold test to injunctions against public bodies
In a recent decision, the High Court rejected an application for an interim injunction restraining publication of a decision to impose sanctions on an …
Commercial Court clarifies scope of standard undertaking not to enforce worldwide freezing order abroad without court's permission
The Commercial Court has recently considered the scope of the standard undertaking provided in connection with worldwide freezing orders, which requires …
Notable increase in interim privacy injunctions sought and obtained in the second half of 2017
In March 2018, the Ministry of Justice published quarterly provisional civil justice statistics for England and Wales. These statistics include …
Court of Appeal upholds order for payment of US$70 million under cross-undertaking in damages
The Court of Appeal has confirmed the court's approach to issues of causation where a defendant applies to enforce a cross-undertaking in damages: SCF …
Cross-Border Litigation - international perspectives
We are pleased to publish the second issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical …
Court of Appeal clarifies test for establishing existence of assets for freezing injunctions
The Court of Appeal has held that, to obtain a freezing injunction, an applicant must establish either a "good arguable case" or "grounds for belief" …
Court of Appeal clarifies test for setting aside judgment for fraud
UPDATE: On 20 March 2019, the Supreme Court overturned the Court of Appeal’s decision: Takhar v Gracefield Developments Ltd [2019] UKSC 13. See …
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