Supreme Court finds claim for compensation under data protection legislation cannot proceed on “opt-out basis” in high profile Lloyd v Google case

In its judgment this morning the Supreme Court has overturned the Court of Appeal’s decision in the high profile Lloyd v Google case, which would have opened the floodgates for class actions for compensation for loss of control of personal data to be brought on behalf of very large numbers of individuals without identifying class … Read more

Supreme Court confirms wide interpretation of “damage” for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

The Supreme Court has held in the context of a personal injury claim (Lord Leggatt dissenting) that direct damage in the jurisdiction is not required in order for a claim to come within the tort jurisdictional gateway in the CPR, so that permission can be granted to serve the proceedings on a defendant outside the … Read more

Commercial litigation podcast series – Episode 10: General update

In this 10th episode of our series of commercial litigation update podcasts, we give an update on recent developments relating to privilege, the disclosure pilot, representative actions, and two recent Supreme Court decisions on liquidated damages and lawful act economic duress respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, … Read more

Supreme Court clarifies requirements for tort of lawful act economic duress

The Supreme Court has dismissed an appeal against a Court of Appeal decision which found that a contract should not be rescinded on the basis of lawful act economic duress, in circumstances where the defendant had threatened to end any contractual relationship with the claimant (as it was entitled to do) unless the claimant waived … Read more

Supreme Court confirms proper boundaries to tort of causing loss by unlawful means

The Supreme Court has upheld a decision striking out a claim against a pharmaceutical company for causing loss to the NHS by unlawful means. The alleged unlawful means consisted in obtaining and enforcing a patent for a blood pressure drug through fraudulent misrepresentations to the European Patent Office (“EPO”) and the English court (allegations which … Read more

High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of consideration from an escrow account, as the purchaser’s claims had not been properly notified in accordance with the relevant contractual provisions: Arani & Ors v Cordic Group Ltd [2021] EWHC 829. … Read more