Court of appeal determines that Claimants are not required to establish a fiduciary relationship in order to obtain relief against the payer of an undisclosed commission

28 May, 2021
In an appeal against two High Court decisions, the Court of Appeal has found that a fiduciary relationship is not a necessary pre-condition to relief in respect of an undisclosed commission paid to an agent. Instead, the court should determine whether the agent was obliged to provide information, advice or recommendation on an impartial or … Read more

Court of Appeal finds claimant breached terms of search order by conducting keyword searches of electronic data and considers interplay between search and imaging orders

23 October, 2020
In a recent decision the Court of Appeal has re-emphasised that the purpose of a search order (formerly known as an Anton Piller order) is to preserve evidence that is at risk of being destroyed by a defendant or potential defendant, and that a search order does not allow a claimant to inspect documents to … Read more

Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered

10 September, 2020
In the recent case of Orange Grape Spirit Limited v Nueva IQT [2020] EWHC 1837 (Ch), the Court of Appeal has clarified that, in the absence of an established pattern of trading, expenditure pursuing a fledgling business is unlikely to fall within the “ordinary and proper course of business” exception to freezing injunctions. The court can however … Read more

Court of Appeal considers whether “ordinary and proper course of business” undertaking prevents financing ICSID case and funding extradition defence of company director

17 July, 2019
The Court of Appeal has overturned two High Court orders that a mining company’s proposed payments to fund litigation by related parties were not permitted under the company’s undertaking not to dispose of or deal with its funds “other than in the ordinary and proper course of its business”: Koza Ltd v Akcil & Ors … Read more