Litigation Notes

Supreme Court confirms no claim in "knowing receipt" where claimant's equitable interest extinguished in the property received

The Supreme Court has unanimously upheld a decision dismissing a claim brought against a bank in knowing receipt, in circumstances where the …

Compensation orders against disqualified directors: High Court confirms they are not limited to cases of fraud

Climate disputes - Greenwashing dispute risks - International perspectives

Fuelled by the global spread of ESG and climate-related disclosure obligations and coupled with pressures from increasingly ESG-driven stakeholders, …

Climate disputes - ESG disclosure investigations – Are you ready?

Listed companies across various sectors and industries are grappling with how to manage and disclose ESG issues, particularly relating to climate. These …

Commercial litigation podcast series – Episode 21: General update

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called "test case"

High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim

In a recent case, the High Court has had one of its first opportunities to consider BTI v Sequana [2022] UKSC 25 (see our previous update here), in which …

Commercial litigation podcast series – Episode 20: General update

Transactions defrauding creditors: Court of Appeal favours wide interpretation of s.423 Insolvency Act 1986

Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments

The Supreme Court last week handed down its seminal judgment in Philipp v Barclays Bank UK plc [2023] UKSC 25, considering the application of …

Supreme Court decision gives further clarity on claims by distressed companies against directors

Although not directly concerned with directors' liabilities, the recent Supreme Court judgment in Stanford International Bank Ltd v HSBC Bank PLC [2022] …