Author: Liam Spender

Summary of the Court’s decision On 5 October 2022, the Supreme Court handed down its long-awaited decision in the appeal of BTI 2014 LLC v. Sequana S.A. and Others. The Supreme Court held that directors owe a duty to consider creditors’ best interests when a company is insolvent, or when they ought to know that…

On 10 November 2021, the Supreme Court refused Richard Lloyd’s request for permission to serve out of the jurisdiction proceedings against Google LLC.  Mr. Lloyd alleged that Google had unlawfully processed data causing damage or distress to around 4 million iPhone users.  This was said to be contrary to section 13 of the Data Protection…

On Friday 18 June 2021, the Supreme Court handed down judgment in  Manchester Building Society v. Grant Thorton UK LLP [2021] UKSC 20. The decision restates the test for the application of the principle defined in the 1996 House of Lords decision in Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd; South Australia…

On 26 May 2021, a Dutch court sitting in The Hague allowed a claim by Friends of the Earth and other charities requiring Shell to limit its carbon emissions. The court ordered that by 2030 Shell is to reduce its carbon emissions by 45% relative to 2019 levels.  Shell has said it intends to appeal….

In a recent judgment, the High Court (Waksman J) held that a claim for fraudulent misrepresentation by Amanda Staveley’s PCP Capital Partners (“PCP”) against Barclays Bank in relation to its 2008 refinancing was proven.   The judge nevertheless refused any damages because PCP could not show that “serious deceit” by Barclays had caused it any loss.  PCP…

Guest author Liam Spender is a Solicitor-Advocate and Senior Associate at Velitor Law.  Personally affected by the cladding controversy as a leaseholder, Liam practises in commercial litigation and arbitration in the City of London. This blogpost was originally written for and published on the website of Oxford University’s Faculty of Law, and has been republished…

Guest author Liam Spender is a Solicitor-Advocate and Senior Associate at Velitor Law.  Personally affected by the cladding controversy as a leaseholder, Liam practises in commercial litigation and arbitration in the City of London. This blogpost was originally written for and published on the website of Oxford University’s Faculty of Law, and has been republished…