Litigation Notes

Setting aside judgments for fraud: Court of Appeal considers what level of prior knowledge will disentitle the innocent party

The Court of Appeal has allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis …

Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers

In the context of a claim brought by a bank against a valuer, seeking damages in respect of a negligent valuation report for land representing the bank’s …

High Court dismisses fraudulent misrepresentation claim relating to loan notes investment on limitation grounds

The High Court has dismissed a claim by the assignee of an investment fund against a financial advisory firm (and associated parties) for losses arising …

Supreme Court finds claim for compensation under data protection legislation cannot proceed on "opt-out basis" in high profile Lloyd v Google case

Supreme Court confirms wide interpretation of "damage" for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

Supreme Court clarifies requirements for tort of lawful act economic duress

Supreme Court confirms proper boundaries to tort of causing loss by unlawful means

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 …

Supreme Court clarifies proper approach to determining scope of duty of care owed by a professional adviser

In what is now the leading authority on the application of the decision in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 …

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 …

High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …

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 …