United Kingdom, RPC updates

Litigation

Contributed by RPC
Reasonable enquiries must be made upon receipt of potentially confidential information
  • United Kingdom
  • 23 March 2021

The Court of Appeal recently held that a recipient of information will be bound by a duty of confidentiality if it was reasonable for them to have made enquiries as to the confidential nature of the information and they failed to do so. The decision arguably imposes a greater burden on a recipient of potentially confidential information to make enquiries of the discloser as to the nature of the information where a reasonable person would do so.

When do UK-domiciled parent companies owe a duty of care to individuals affected by acts of their foreign subsidiaries?
  • United Kingdom
  • 16 March 2021

A recent Supreme Court decision on jurisdiction provides helpful guidance on the circumstances in which a UK-domiciled parent company may owe a common law duty of care in respect of the actions of a foreign subsidiary. The decision highlights the importance of carefully considering the way in which parent companies exercise (or purport to exercise) control over the actions of their subsidiaries.

Lack of list of issues for disclosure does not bar specific disclosure under DPS
  • United Kingdom
  • 23 February 2021

According to a recent case, the High Court can order specific disclosure under the Disclosure Pilot Scheme, even where there is no agreed or approved list of issues for disclosure. The decision provides clarification as to the court's jurisdiction to vary orders for extended disclosure. It also confirms that where parties have yet to agree a list of issues for disclosure, it will not prevent the court from making an order to vary a pre-existing order for extended disclosure.

Does an expert owe a fiduciary duty to its client?
  • United Kingdom
  • 16 February 2021

For the first time the Court of Appeal has considered the duties of an expert concurrently engaged in two potentially conflicting disputes. While the case involved an unusual set of circumstances, it provides an interesting review of the duties owed by expert witnesses to their clients and the court and highlights important considerations for those engaging expert witnesses and drafting engagement letters.

New cause of action must arise out of substantially same facts that remain in issue at time of amendment
  • United Kingdom
  • 09 February 2021

The Court of Appeal recently ruled that pleadings which have previously been struck out cannot be used to introduce a new, limitation-barred claim that arises out of substantially the same set of facts as the struck out claim. Parties looking to discontinue a claim or defend a strike-out application should carefully consider the implications that a strike out could have on any future claims which they may want to introduce by amendment.


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