The Judicial Committee of the Privy Council has ruled that the corporate director and the agent of a BVI-based holding company did not owe the company a duty of care to ensure that the beneficial owner’s business associate, who had previously given instructions regarding the affairs of the company on the beneficial owner’s behalf, was … Read more

The Law of Solicitors’ Liabilities, Fourth Edition, previously known as Solicitors’ Negligence and Liability, has recently been released. The publication was written by leading practitioners in the field Tom Leech QC of Herbert Smith Freehills and William Flenley QC of Hailsham Chambers with contributions from Thomas Grant QC (Maitland Chambers), Nicola Rushton QC (Hailsham Chambers), Alice … Read more

The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort jurisdictional gateway in the CPR: FS Cairo (Nile Plaza) LLC v Christine Brownlie [2020] EWCA Civ 996. In doing so it followed obiter comments made by the … Read more

In a recent decision, the High Court has awarded a former partner of Ernst & Young (EY) damages exceeding $11 million, broadly equating to past and future earnings for the rest of his career: Rihan v Ernst & Young (Global) Ltd [2020] EWHC 901 (QB). The claimant, Mr Rihan, was a whistle-blower who publicly disclosed suspected irregularities arising … Read more

The High Court has ruled that directors breached their duties by taking up the company’s business opportunity for their own benefit, even if the company was unable to take up that opportunity by reason of its financial position: Davies v Ford & Ors [2020] EWHC 686. The decision confirms the strict nature of directors’ duties … Read more

The High Court has held that proceedings were time barred where the claim form was issued in the English courts before the expiry of the applicable Greek limitation period, but was not served until after that period had expired: Pandya v Intersalonika General Insurance Company SA [2020] EWCH 273 (QB). Whether proceedings had been brought … Read more

In a recent case, the High Court has clarified the correct approach to reducing damages in order to reflect a finding of contributory negligence where there is also a contractual cap on liability: Natixis SA v Marex Financial and Access World Logistics (Singapore) Pte Ltd [2019] EWHC 3163. The defendant argued that the court should … Read more

In a recent decision, the Court of Appeal reconfirmed that the Duomatic principle can only apply where all shareholders have approved the relevant act of the company. It is not enough that a relevant individual would have approved the act had they known about it: Dickinson v NAL Realisations (Staffordshire) Ltd [2019] EWCA CIV 2146. … Read more