Litigation Notes

High Court finds acceleration clause is susceptible to rule on penalties, but declines to apply the rule as the amounts in question were payable in any event under a separate clause

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 …

Supreme Court restores orthodox approach to liquidated damages for delay where work never completed

The Supreme Court has overturned a Court of Appeal decision which held that a clause providing for liquidated damages for delay did not apply where the …

High Court finds buyer not entitled to reject off-spec oil

A recent High Court decision has given a helpful analysis of the consequences that follow from delivering off-specification oil: Galtrade Limited v BP …

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers of …

Court of Appeal confirms accessory liable to account only for own profits and not those made by principal

The Court of Appeal has held that accessories who were jointly and severally liable with a principal as joint tortfeasors were liable to account only for …

Court of Appeal overturns decision that suggested damages might be calculated differently where claimant is hopelessly insolvent

The Court of Appeal has struck out Quincecare duty and dishonest assistance claims brought by the liquidators of a company operating a Ponzi scheme …

Court of Appeal decision confirms severe consequences where business partner for exploitation of oil-extraction technology breached fiduciary duty

The Court of Appeal has substantially upheld the first instance decisions in a lengthy piece of ongoing litigation relating to a joint business venture …