Litigation Notes

Supreme Court considers principles relating to remoteness in the tort of negligence

Commercial litigation podcast series – Episode 22: General update

Supreme Court finds court must generally accept uncontroverted expert evidence

Commercial litigation podcast series – Episode 20: General update

Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable

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 finds no continuing nuisance simply because polluting substance remains on claimants' land

A recent Supreme Court decision has confirmed the orthodox position in relation to how the law of limitation applies to claims in private nuisance, in …

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] …

Supreme Court finds no entitlement to payment in circumstances not addressed by express contractual terms   

The Supreme Court has, by a majority, allowed an appeal against a Court of Appeal judgment (considered here) that granted an award for unjust enrichment …

Commercial litigation podcast series – Episode 16: General update

Supreme Court finds Civil Liability (Contribution) Act 1978 applies only where contribution claim governed by English law

The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic …

Key Supreme Court insolvency ruling clarifies stance on creditor duties