Court of Appeal considers duties owed by solicitors operating advice helplines

A Court of Appeal decision handed down last week contains helpful guidance as to the circumstances in which solicitors may owe tortious obligations to prospective clients who seek limited and preliminary advice from a law firm’s advice helpline – an increasingly common method used by firms to attract new business: Carol Miller v Irwin Mitchell … Read more

Environmental litigation: Group claims must proceed as “global claims” unless individual claimants’ losses tied to specific oil spills

The High Court has refused to strike out a group action brought against Shell Plc and its Nigerian subsidiary in connection with oil contamination in the Niger Delta. The court rejected the defendants’ argument that the claims should be struck out due to a failure to identify the particular oil spills alleged to have caused … Read more

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 misrepresentation Loreley Financing (Jersey) No 30 Limited v Credit Suisse Securities (Europe) Limited & Ors [2023] EWHC 2759 (Comm). The decision is helpful for defendants facing such claims in two particular respects: … Read more

Supply chain risk: England not appropriate forum for ESG-related claims against Dyson relating to actions of Malaysian manufacturer

The High Court has declined to exercise jurisdiction over claims brought by migrant workers against English and Malaysian companies in the Dyson group regarding alleged abusive employment practices by one of Dyson’s suppliers in Malaysia: Limbu v Dyson Technology Ltd [2023] EWHC 2592 (KB). For some time, large multinational corporations have faced claims brought by … 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

Commercial litigation podcast series – Episode 21: General update

In this 21st episode of our series of commercial litigation update podcasts, we look at developments relating to litigation funding since the Supreme Court’s dramatic decision in Paccar in late July, as well as brief updates on ADR, pre-action conduct and costs. We also discuss developments relating to Russian sanctioned parties, and the disqualification proceedings … 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