Litigation Notes

Supreme Court confirms foreign trustee in bankruptcy cannot deal with English property due to the "immovables rule"

Litigation privilege: High Court takes realistic approach in finding privilege applied to witness interviews conducted by administrators

New Supreme Court Rules and Privy Council Rules from 2 December 2024

High Court had no jurisdiction over claims under contracts containing English jurisdiction clauses as the defendants were not parties to those contracts as undisclosed principals

Privy Council confirms shareholders can bring personal claims against company that allots shares for improper purpose

High Court finds companies can assert privilege against their shareholders

Commercial litigation podcast series – Episode 28: General update

High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months

High Court rejects "price/market reliance" for s.90A and Schedule 10A FSMA claims

This decision is likely to place a significant limit on s.90A/Schedule 10A FSMA claims by "passive" investors who do not actively manage their investment …

Non-party access to court documents: Court of Appeal interprets leading Supreme Court authority

The Rt Hon Lord Sales delivers the 45th Annual FA Mann Lecture in London

The lecture explored the theme of "Purpose in Law and in Interpretation".

Contractual construction vs rectification: High Court judgment illustrates the contrasting approaches