Litigation Notes

High Court finds Secretary of State's affirmation in disqualification proceedings is not publicly available as a statement of case

Former directors of BHS liable for wrongful trading and misfeasance

Inducing a breach of contract: Court of Appeal considers necessary degree of participation in a third party's breach to establish tort of inducement

Supreme Court gives guidance on accessory liability of company directors and the remedy of account of profits

High Court grants unfair prejudice petition on grounds of auditor's flawed valuation of claimant's shares in contractual exit process

Court of Appeal refuses to strike out unfair prejudice petition seeking relief in favour of the company

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

Court of Appeal rejects second major attempt at a climate-related derivative action

In July 2023, the Court of Appeal dismissed an application by members of a pension scheme to bring a derivative action against the directors of the …

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