Court of Appeal confirms reflective loss rule will bar claims of former shareholders of a dissolved company because the principle must be determined at time of alleged loss

    The Court of Appeal has upheld a decision of the High Court to strike out a claim by the former shareholders of a dissolved company against an investor on the basis that all the losses claimed were barred by the reflective loss principle: Burnford & Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943. As a … Read more

    Supreme Court finds Civil Liability (Contribution) Act 1978 applies only where contribution claim governed by English law

    The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic conflict of laws rules indicate that the contribution claim in question is governed by English law: The Soldiers, Sailors, Airmen and Families Association – Forces Help v Allgemeines Krankenhaus Viersen GmbH [2022] … Read more

    Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to “overcome” force majeure event

    The Court of Appeal has held, by a majority, that a shipowner was not entitled to rely on a force majeure clause in a shipping contract where its charterer’s parent company became subject to US sanctions: MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406. The decision turned on the wording of the force … Read more

    Key Supreme Court insolvency ruling clarifies stance on creditor duties

    A much-anticipated Supreme Court judgment has confirmed the position as to when directors owe obligations to consider the interests of creditors, dismissing an appeal against the Court of Appeal decision in this case: BTI v Sequana [2022] UKSC 25. In its decision, a majority of the Supreme Court has: affirmed the existence of the duty … Read more

    Article published – Injunctions against “Persons Unknown”: uncertain territory

    A recent High Court decision has highlighted a number of issues relating to injunctions against “Persons Unknown”, and specifically the fact that these orders have the potential to catch “newcomers” – people who did not fall within the defined category of “Persons Unknown” at the time the injunction was made but are subsequently brought within … Read more