Litigation Notes

Key Supreme Court insolvency ruling clarifies stance on creditor duties

Navigating UK sanctions against Russian persons in English court proceedings

The UK is one of many countries which have introduced extensive sanctions against Russia, its individuals and entities in light of the military action in …

Data Objects: Law Commission of England & Wales proposes new category of personal property

On 28 July 2022, the Law Commission of England and Wales published a consultation paper on the recognition and protection of digital assets. …

Court of Appeal rules foreign receiver cannot deal with English property due to the "immoveables rule"

The Court of Appeal has confirmed that the High Court was right to restrict the assistance an English court could give to a Russian trustee in bankruptcy …

Supreme Court confirms UK government’s recognition of President of Venezuela, leaving Commercial Court to determine who is authorised to give instructions on behalf of Venezuelan Central Bank

Following an ongoing dispute between two competing Boards of the Central Bank of Venezuela (BCV), both claiming to be appointed by the recognised …

Claimants “substantially succeed” in the largest ever English civil fraud trial

The High Court has published a summary of its findings on liability in the long-running USD$5 billion civil fraud action brought by the Hewlett Packard …

Court of Appeal gives guidance on jurisdiction rules in libel claims

The Court of Appeal has clarified how section 9 of the Defamation Act 2013 should be interpreted, finding that the requirement it introduced for the …

Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders

The Board of the Privy Council has allowed an appeal in relation to the application of the so-called “reflective loss” principle, confirming that the …

High Court provides guidance on the reasonable belief element of the public interest defence under Defamation Act 2013

The High Court has rejected efforts to rely on a public interest defence under section 4 of the Defamation Act 2013 in circumstances where the defendants …

Commercial litigation podcast series – Episode 9: General update

Part 26A restructuring plans – most significant change in 20 years

The court ruling yesterday in Re Virgin Active Holdings Limited [2021] EWHC 1246 has paved the way for restructuring plans under Part 26A to the …

Court of Appeal confirms application of Duomatic principle to beneficial shareholders

In a recent decision, the Court of Appeal has followed last year’s Privy Council decision in Ciban Management Corpn v Citco (BVI) Ltd [2020] UKPC 21 …