Litigation Notes

Supreme Court confirms no claim in "knowing receipt" where claimant's equitable interest extinguished in the property received

The Supreme Court has unanimously upheld a decision dismissing a claim brought against a bank in knowing receipt, in circumstances where the …

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

Collateral use of disclosed documents: High Court declines to restrict use of documents referred to at public hearing

Supreme Court clarifies deliberate concealment gateway for postponing limitation

In a significant and much-anticipated judgment, the Supreme Court has clarified the elements that a claimant must establish in order to rely on the …

A Litigator's Yearbook and a broader Disputes Yearbook for 2023

Article published - UK compulsory mediation ruling still leaves courts leeway

The Court of Appeal's landmark judgment in Churchill v Merthyr Tydfil County Borough Council, handed down in late November, established that the courts …

Reasonableness of exclusion clause under UCTA: Equality of commercial bargaining strength does not necessarily mean equality of bargaining strength as to contract terms

High Court strikes out novel bid to bring securities class action using CPR 19.8 representative action as "opt-in" procedure

High Court confirms that conscious “awareness” of a representation is an essential (and distinct) element to a claim for misrepresentation

The High Court has confirmed that a claimant’s conscious awareness or understanding of an implied representation is an essential element for a claim for …

Climate disputes - Greenwashing dispute risks - International perspectives

Fuelled by the global spread of ESG and climate-related disclosure obligations and coupled with pressures from increasingly ESG-driven stakeholders, …

Court of Appeal interprets warranty that there had been no material adverse change in company's prospects and highlights need for careful compliance with notice provisions

Supreme Court finds court must generally accept uncontroverted expert evidence