Litigation Notes

High Court decision underlines need for investor-appointed directors to think carefully before disclosing the company's privileged material

Derivative claims were not claims instituted by the company for the purposes of restrictions in a shareholders' agreement

Court of Appeal finds directors' misappropriation of client money did not cause company's wider trading losses

High Court clarifies meaning of “unforeseeable” in force majeure clause

Supreme Court confirms narrow limits to doctrine of issue estoppel

Group litigation orders: Supreme Court clarifies when courts may order that a judgment on a GLO issue is not binding on other parties due to a subsequent change in the law

Supreme Court allows bankruptcy petition to be founded on unrecognised and unregistrable foreign judgment

Disclosure Review Working Group publishes summary of stakeholder survey results

High Court rules that administrators may be able to pay administration expenses and litigation funding ahead of “super priority” moratorium debts

Supreme Court confirms objective element to directors’ duty to act in good faith under Companies Act s.172

A witness's own use of AI to prepare for cross-examination may amount to prohibited witness coaching

UK government consults on measures to speed up and simplify competition class actions regime

The stated aim is to provide a route to redress that is swifter, simpler, less costly and distributes more money to consumers and businesses.