Tort

High Court considers defamation and harassment in context of street protests and online publication by foreign defendants

The High Court recently considered the approach to interpreting a "course of conduct" under the Protection from Harassment Act 1997 and the requirement of "serious harm" under the Defamation Act 2013: Hourani v Thomson and others [2017] EWHC 432 (QB). … Continue reading

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Filed under Tort

High Court finds tweets caused “serious harm” for purposes of claim in defamation

On 10 March 2017, the High Court held that two tweets written by Katie Hopkins (a well-known columnist for The Sun with 570,000 Twitter followers at the time) caused real and substantial distress to Jack Monroe (a food blogger and … Continue reading

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Filed under Miscellaneous, Tort

Supreme Court refuses to apply a special jurisdiction rule to the tort of inducing breach of a jurisdiction clause

The Supreme Court has refused to craft a special rule for the tort of inducing a breach of contract where the contractual term which has been breached is an exclusive jurisdiction clause. It held that, where proceedings were commenced in … Continue reading

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Filed under Jurisdiction, Tort

Another successful challenge to jurisdiction of English court to hear claims against English domiciled parent companies in relation to acts of subsidiaries abroad

The High Court has struck out a claim against a UK incorporated parent company and set aside permission to serve a claim form out of the jurisdiction on its Kenyan domiciled subsidiary: AAA & Ors v Unilever Plc & Anor … Continue reading

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Filed under Collective actions, Jurisdiction, Tort

Court of Appeal finds third party who conspired with defendant to breach freezing order could be liable for tort of conspiracy to injure by unlawful means

In a claim by JSC BTA Bank against the son-in-law of its former Chairman alleging conspiracy to injure by unlawful means, the Court of Appeal held that breach of the terms of a freezing order could qualify as the requisite … Continue reading

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Filed under Injunctions, Tort

Court of Appeal gives further guidance on how jurisdiction rules apply in economic tort claim

The Court of Appeal has held that the place of the event giving rise to damage in a claim alleging conspiracy to injure by unlawful means is where the conspiracy was hatched. As the claimant bank had far the better … Continue reading

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Filed under Jurisdiction, Tort

Successful challenge to English court jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad

Two companies in the Shell group (domiciled in the UK and Nigeria respectively) have successfully challenged the jurisdiction of the English court to hear claims against them relating to alleged pollution in the Niger Delta in Nigeria: Okpabi and others … Continue reading

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Filed under Collective actions, Jurisdiction, Tort

Court of Appeal considers where harmful event occurred for the purpose of jurisdiction in economic tort claim

In a claim alleging conspiracy and unlawful interference in the claimant's business by cutting off supplies, the Court of Appeal has held that the harmful event occurred where the goods should have been delivered to packaging agents. As this was … Continue reading

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Filed under Jurisdiction, Tort

Court of Appeal clarifies scope of potential liability under the Misrepresentation Act 1967

A recent Court of Appeal decision provides welcome clarity for issuers on the scope of their potential liability under the Misrepresentation Act 1967, and the use of disclaimers to restrict that scope: Taberna Europe CDO II Plc v Selskabet (formerly … Continue reading

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Filed under Tort

Employers may owe duty of care to employees in conduct and settlement of claims

The Court of Appeal has ruled that a Police Commissioner, who was sued for vicarious liability for the actions of police officers, might arguably owe a duty of care to those officers in relation to the conduct of the litigation, not to sacrifice … Continue reading

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Filed under Settlement, Tort