The Supreme Court has upheld the first successful claim for breach of the so-called Quincecare duty of care, which requires a financial institution to refrain from executing a customer’s payment mandate if (and so long as) it is “put on inquiry” that the order is an attempt to misappropriate its customer’s funds: Singularis Holdings Ltd … Read more
In an important decision for securities litigation in the UK, the High Court has dismissed a strike out application made by Tesco plc in the group litigation brought by its shareholders under section 90A Financial Services and Markets Act 2000 (“FSMA”), relating to the false and misleading statements made by Tesco regarding its commercial income … Read more
The Court of Appeal has held that an action for alleged data breaches using the CPR 19.6 representative action procedure can go ahead, overturning the High Court’s decision which had refused permission to serve the proceedings on the defendant in the US: Lloyd v Google LLC [2019] EWCA Civ 1599. The decision is significant in … Read more
The Supreme Court has held that the requirement to show “serious harm” under section 1(1) of the Defamation Act 2013 not only raises the threshold of harm which must be proved but also requires its application to be determined by reference to actual facts regarding the impact of the statement and not just to the … Read more
The Court of Appeal has overturned a High Court decision to set aside a contract on the basis of lawful act duress where there was no finding of bad faith on the part of the defendant – an airline company which had used its monopoly position to exert pressure on its sales agent to enter … Read more
The Court of Appeal has held that an accountant member of a multi-disciplinary firm of solicitors was liable as an accessory for dishonestly assisting breaches of trust, overturning the High Court’s decision to the contrary: Group Seven Limited & Ors v Notable Services LLP & Ors [2019] EWCA Civ 614. The appeal turned on the question of whether … Read more
The Supreme Court has unanimously rejected the approach taken by a first instance judge in using dictionary definitions as the starting point for interpreting the meaning of allegedly defamatory statements published on a social media platform. The court reiterated that meaning is to be determined according to how it would be understood by an “ordinary … Read more
In a recent decision, the Court of Appeal upheld the High Court’s refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite Property Holdings Ltd v Barclays Bank plc [2019] EWCA Civ 204. While this decision did not involve new law, it serves as a reminder of the difficulties of bringing a … Read more
The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount of commission it received from the financial institution to which it had introduced them: Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2019] EWCA Civ 83. This … Read more
