Tort
Court of Appeal confirms mental element of deceit
The Court of Appeal has considered the mental element required for a successful claim in deceit, or fraudulent misrepresentation, finding that there is no separate or freestanding requirement of an “intention to deceive”: Eco 3 Capital and others v Ludsin … Continue reading
US Supreme Court decision reduces risk of US claims for violation of international law where no US connection
In a much-anticipated decision concerning the reach of the Alien Tort Claims Act (“ATS“) to foreign actors, the US Supreme Court has concluded that ATS claims alleging a violation of international law “occurring outside the United States” are “barred.” Kiobel … Continue reading
Filed under Jurisdiction, Tort
The burden of proof and competing theories on causation
The Court of Appeal recently handed down judgment in the case of Nulty v Milton Keynes Borough Council [2013] EWCA Civ 15. The case concerned an appeal from the 3 November 2011 decision of Mr Justice Edwards-Stuart in the Technology … Continue reading
Filed under Tort
No strict liability for accidental fire damage
In the case of Stannard v Gore [2012] EWCA Civ 1248 decided on 4 October 2012, the Court of Appeal considered the basis of liability for damage arising from a fire started on one person’s land and escaping to another’s. The central … Continue reading
Filed under Tort
Court of Appeal overturns finding that customer’s investment loss was too remote
The Court of Appeal has overturned a first instance judgment that a customer’s loss on his investment was too remote to be recoverable. It said the judge had been wrong to conclude that, although the bank had negligently advised the … Continue reading
Filed under Tort
Supreme Court abolishes expert immunity
The UK Supreme Court yesterday handed down judgment abolishing the immunity expert witnesses have enjoyed for over 400 years. In Jones v Kaney [2011] UKSC 13 the court held, by a majority of 5 to 2, that there is no … Continue reading
Professional negligence – Court of Appeal rules on limitation and the timing of loss
The Court of Appeal in Pegasus Management Holdings SCA & Anr v Ernst & Young & Anr [2010] EWCA Civ 181 has ruled that the limitation period for a claim for breach of duty against a professional adviser will run … Continue reading
Filed under Limitation, Tort
Herbert Smith secures victory for BSkyB in landmark litigation against EDS
Herbert Smith’s dispute resolution team has secured a major victory for BSkyB against IT supplier EDS (now part of Hewlett-Packard) in a claim for deceit, negligent misrepresentation and breach of contract. The judgment was handed down this afternoon by Mr … Continue reading
House of Lords rules on auditors’ liability in fraud case
In a decision handed down just before the end of term, auditors have won an important House of Lords ruling limiting their liability in cases where a “one man” company is used as a vehicle for fraud: Moore Stephens (a … Continue reading
Court of Appeal rules on audit liability
In its first full ruling on audit liability for several years, the Court of Appeal has upheld the first instance decision in the MAN/Freightliner litigation, finding that the auditors of a subsidiary were not liable to the parent in respect … Continue reading
Filed under Tort
