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High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

United Kingdom - August 16 2021 The High Court has granted an application by a claimant state for orders that the defendant bank disclose an Accounting firm’s investigation report…

Julian Copeman, Elina Kyselchuk, Maura McIntosh, Benedicte Perowne.

HMT reform of prospectus regime: the potential impact on securities litigation

United Kingdom - July 19 2021 HM Treasury (HMT) has published an initial consultation on fundamental reforms promising the biggest shake up of the Prospectus regime since 2005…

Simon Clarke, Ceri Morgan, Sarah Penfold.

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

United Kingdom - July 5 2021 The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers…

Harry Edwards, Ceri Morgan.

Supreme Court clarifies proper approach to SAAMCO and to determining scope of duty of care owed by professional advisers

United Kingdom - June 23 2021 In what is now the leading authority on the application of the decision in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191…

Simon Clarke, Ceri Morgan.

Court of Appeal considers tests for “blind-eye” knowledge and vicarious liability in the context of a dishonest assistance claim

United Kingdom - June 15 2021 The Court of Appeal has ordered the re-trial of a dishonest assistance claim by insolvent companies and their respective liquidators against a bank…

John Corrie, Mark Tanner.