A recent Court of Appeal decision provides a useful reminder of the limited scope of the exceptions to the rule in Foss v Harbottle in common law derivative actions, which continue to apply to limited liability partnerships (LLPs) as they are not subject to the statutory regime for derivative actions under the Companies Act 2006. The … Read more

The Commercial Court has considered the proper construction of the phrase "consequential or special losses, damages or expenses" in a ship-building contract, concluding that (in this specific contract) it meant any losses resulting from physical damage other than the cost of repair and replacement: Star Polaris LLC v HHIC-PHIL INC [2016] EWHC 2941 (Comm). While … Read more

A recent Court of Appeal decision provides welcome clarity for issuers on the scope of their potential liability under the Misrepresentation Act 1967, and the use of disclaimers to restrict that scope: Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA Civ 1262. The court held that the publication … Read more

The Court of Appeal has ruled that a Police Commissioner, who was sued for vicarious liability for the actions of police officers, might arguably owe a duty of care to those officers in relation to the conduct of the litigation, not to sacrifice their interests and professional reputation without good reason and reasonable warning: James-Bowen v Commissioner of … Read more

A recent High Court decision illustrates the need for parties to cooperate in the process of producing expert evidence, to ensure the reports are properly matched and avoid the problem of "ships passing in the night": UPL Europe v Agchemaccess Chemicals [2016] EWHC 2889 (Ch). In this case, the court ordered the parties to meet … Read more

2016 has been an eventful year on any measure. While it may not be remembered principally for developments relating to commercial litigation, there has been a lot of activity on this front as well. In this post we look back at some of the key cases and other developments from the perspective of the commercial litigator, covering … Read more

The Court of Appeal has rejected a jurisdiction challenge and upheld the grant of summary judgment in proceedings claiming damages for the commencement of Italian proceedings in breach of exclusive English jurisdiction clauses: Barclays Bank Plc v Ente Nazionale di Previdenza ed Assistenza Dei Medici e Degli Odontoiatri [2016] EWCA 1261. A contracting party does … Read more

In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews conducted by a bank’s solicitors with its employees were not covered by legal advice privilege, as the employees in question did not form part of the “client” for privilege … Read more