Litigation Notes

High Court applies contractual cap on liability only after reducing damages for contributory negligence 

In a recent case, the High Court has clarified the correct approach to reducing damages in order to reflect a finding of contributory negligence where …

Court of Appeal upholds strict interpretation of the "Duomatic" principle, which allows informal shareholder approval of company decisions

In a recent decision, the Court of Appeal reconfirmed that the Duomatic principle can only apply where all shareholders have approved the relevant act of …

Important Supreme Court decision on "Quincecare" duties of care and corporate attribution

High Court refuses Tesco’s strike out application in s.90A FSMA group shareholder action

In an important decision for securities litigation in the UK, the High Court has dismissed a strike out application made by Tesco plc in the group …

Court of Appeal finds claim for damages for loss of control of data can proceed as representative action under CPR 19.6

The Court of Appeal has held that an action for alleged data breaches using the CPR 19.6 representative action procedure can go ahead, overturning the …

Supreme Court clarifies meaning and effect of “serious harm” requirement under Defamation Act 2013

The Supreme Court has held that the requirement to show "serious harm" under section 1(1) of the Defamation Act 2013 not only raises the threshold of …

Court of Appeal finds lawful act duress does not apply where party exerting pressure holds good faith belief in its entitlement

The Court of Appeal has overturned a High Court decision to set aside a contract on the basis of lawful act duress where there was no finding of bad …

Court of Appeal confirms test for dishonesty in dishonest assistance claims

The Court of Appeal has held that an accountant member of a multi-disciplinary firm of solicitors was liable as an accessory for dishonestly assisting …

Supreme Court emphasises importance of context in determining meaning in defamation cases

The Supreme Court has unanimously rejected the approach taken by a first instance judge in using dictionary definitions as the starting point for …

Court of Appeal decision emphasises need to plead conspiracy claim in full 

In a recent decision, the Court of Appeal upheld the High Court's refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite …

Court of Appeal gives guidance on scope of fiduciary duty in "secret commissions" case

The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount …

Supreme Court considers loss of chance in professional negligence claim

The Supreme Court has given a rare judgment on the court's approach to awarding damages for a "loss of a chance" in a professional negligence …