Tort

Supreme Court confirms no liability in tort to undisclosed principal provided with bank reference

A recent decision of the Supreme Court confirms that, where a bank reference is requested on behalf of an undisclosed principal, the bank providing the reference does not owe a duty of care to the undisclosed principal receiving it: Banca … Continue reading

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Supreme Court confirms employers’ duty of care to employees does not extend to the conduct of litigation

The Supreme Court has held that where an employer is sued on the basis that it is vicariously liable for the acts of its employees, it does not owe those employees a duty to defend the proceedings in such a … Continue reading

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Misrepresentation claim struck out on basis that entire agreement statement excluded liability

The High Court has held that an entire agreement clause in a commercial contract had the effect of excluding liability for misrepresentation under section 2(1) of the Misrepresentation Act 1967: NF Football Investments Limited v NFFC Group Holdings Limited [2018] … Continue reading

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Filed under Contract, Tort

Court of Appeal finds non-reliance clause sought to exclude liability for misrepresentation and was therefore subject to UCTA reasonableness test

The Court of Appeal has found that a “non-reliance” clause in a lease was a term that excluded or restricted liability for misrepresentation. The clause was therefore within the scope of s.3 of the Misrepresentation Act 1967 (“MA”) and subject … Continue reading

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Filed under Contract, Tort

Holding company liability for acts of a subsidiary: Court of Appeal finds English court lacks jurisdiction on basis no duty of care owed

In the latest in a line of jurisdiction rulings in cases of so-called “class action tourism”, the Court of Appeal has held that the English court does not have jurisdiction to hear tortious claims against two companies in the Unilever … Continue reading

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Filed under Class actions, Jurisdiction, Tort

Court of Appeal considers when court can use hindsight in assessing damages for “loss of a chance”

The Court of Appeal has considered the proper approach to awarding damages for the loss of a chance where a claimant has been deprived of a claim in litigation because of its lawyers’ negligence. It held that when courts value … Continue reading

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Filed under Evidence, Remedies, Tort

High Court applies SAAMCO principle to find no assumption of responsibility for losses flowing from market forces

In a recent decision, the High Court found that an auditor was not liable for break costs of some £32.7 million incurred as a result of its negligent advice in relation to the accounting treatment of interest rate swaps, as … Continue reading

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Filed under Contract, Remedies, Tort

Court of Appeal considers date of knowledge to set time running for limitation in negligence actions

The Court of Appeal has held that a negligence claim against a broker of forward freight agreements was time-barred. The limitation period could not be extended on the basis that the claimant lacked the knowledge required to bring the claim … Continue reading

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Filed under Limitation, Tort

Supreme Court finds contempt of court constitutes unlawful means for the tort of conspiracy

The Supreme Court has held that contempt of court can constitute unlawful means for the purpose of the tort of conspiracy: JSC BTA Bank v Khrapunov [2018] UKSC 19. The decision is significant as it confirms that third parties may … Continue reading

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Court of Appeal considers when material posted on Facebook is published for the purposes of defamation

The Court of Appeal has rejected an argument that there is a need to “rebalance” the law of defamation in favour of defendants by imposing a knowledge or negligence based test to establish liability for publication, with the burden of … Continue reading

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Filed under Miscellaneous, Tort