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 “deliberate concealment” gateway in section 32(1)(b) of the Limitation Act 1980 (the Act) and postpone the start of the limitation period: Canada Square Operations Ltd v Potter [2023] UKSC 41. Section 32(1)(b) of the … Read more

Climate disputes – Parent company and supply chain risk

In recent decades, there has been a marked increase in the number of actions brought in the UK and elsewhere based on alleged environmental and human rights-based failings by large multinational corporations. As these claims have developed in the English courts, the typical model is for groups of foreign claimants to allege a UK-domiciled company … Read more

Court of Appeal rejects second major attempt at a climate-related derivative action

In July 2023, the Court of Appeal dismissed an application by members of a pension scheme to bring a derivative action against the directors of the scheme’s trustee company. The court also made it clear that derivative actions are not appropriate when direct challenges are available: McGaughey & Anor v Universities Superannuation Scheme Limited [2023] EWCA … Read more

On the hook – Who pays when customers are scammed

Fuelled by the Covid-19 pandemic and increasing digital transformation of many industries, online fraud and scams are a growing problem throughout the world. For context, the UK alone reported over £1.2 billion being lost to fraud in 2022 and the banking and finance industry prevented a further £1.2 billion getting into the hands of criminals. … Read more

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called “test case”

On the eve of trial, the Insolvency Service (IS), acting on behalf of the Secretary of State for Business and Trade, has discontinued disqualification proceedings brought in January 2021 against five former non-executive directors (NEDs) of Carillion plc. The trial, which had been listed for around 13 weeks (and originally as long as 6 months) … Read more

High Court finds defendant bank did not dishonestly assist company restructure to put assets beyond reach of creditors

The High Court has rejected an allegation of dishonest assistance against a bank, in circumstances where the claimants argued that the restructuring of the bank’s customer was a scheme to defraud its creditors and avoid the customer paying its liabilities. The court held that the customer’s directors had not breached their duties to the company, … Read more