The UK Supreme Court’s decision in Stevens v. Hotel Portfolio II UK Ltd has clarified the liability of dishonest assistants in cases of breaches of a constructive trust of secret profits. It also provides helpful guidance on determining liability in cases of successive breaches of fiduciary duties, specifically in relation to the application of the compensatory principle and ‘but for’ test, and the availability (or lack thereof) of a right to set off gains against losses caused by the breaches.
Latest Articles
UK government reviews opt-out class actions regime – a decade in – time for a change?
The UK government has launched a review into the opt-out collective actions regime for antitrust law claims. This review comes a decade after the regime’s launch. During this period, the regime has developed significantly, with many claims being issued (now more than 60) and certified amidst much legal wrangling on procedural points. However, despite the proliferation of claims (and a small number of settlements), we have not yet seen the widespread consumer redress that the regime was created to achieve.
Litigation and Regulatory Trends for Online Marketplaces and Ecommerce: What You Need to Know in 2025
This blog post summarizes the key points presented by Cooley lawyers Claire Temple, James Maton, Andrew Linch and Enrique Gallego Capdevila during the firm’s recent “Online Marketplaces + Ecommerce” webinar, the latest instalment of our “On the Record: Cooley Litigation Trends Webinar Series,” focused on the UK and European Union (EU).
UK Arbitration Act 2025 Comes Into Force: A Newish Era for Arbitration in England and Wales
The long-anticipated reforms to the UK’s arbitration framework officially come into force today, modernising the Arbitration Act 1996 and reinforcing the UK’s status as a leading global hub for dispute resolution.
How to Win a ‘Battle of Forms’? Avoid Them!
The recent High Court decision in Volac International Limited v. IEP Technologies Limited[1] should serve as a reminder to contracting parties to ensure they have effective procedures in place to avoid a ‘battle of forms’ as to whose standard terms have been incorporated.
On the Record: Cooley Litigation Trends Webinar Series – Online Marketplaces + Ecommerce
Please join Cooley’s litigation team for our next session of our continued legal education (CLE) webinar series, where we explore trends and insights on the disputes landscape in the UK and mainland Europe, and the issues that drive them.
Online marketplaces and ecommerce now dominate the modern world of B2C transactions. But what does that mean in terms litigation risk – be that regulatory litigation or consumer / commercial litigation? And which areas present the highest risk for businesses operating in this industry?
In this webinar, we’ll take a look at what’s changing for online marketplaces and ecommerce in terms of regulatory obligations, consumer rights, and what it means for businesses and legal teams working in the digital space in terms of litigation risk. We’ll help unpack the latest legal developments across the EU and UK.
Court of Appeal Upholds Contract With Open Price Clause
The English Court of Appeal’s judgment in KSY Juice Blends UK Ltd v. Citrosuco GmbH[1] provides helpful guidance on the enforceability of long-term supply contracts where the price for part of the goods is left open to be agreed in the future. The judgment is particularly notable for its analysis of when a court will imply a term for a reasonable or market price, and its willingness to uphold commercial bargains in the face of contractual uncertainty.
Are You in This Party? The Scope of Section 213 of the Insolvency Act 1986
The UK Supreme Court recently handed down a judgment in Tradition Financial Services Ltd v Bilta (UK) Ltd & Others[1] in which it considered the scope of section 213 of the Insolvency Act 1986, specifically whether those beyond the small group of individuals with controlling or managerial functions of the liquidated company could be ‘party to’ the carrying on of a company’s business with intent to defraud creditors.
UK Civil Justice Council Publishes Review of Litigation Funding
The Civil Justice Council (CJC) has published its highly anticipated final report on the regulation and development of litigation funding in England and Wales. This comprehensive report addresses the implications of the UK Supreme Court decision in R (on the application of PACCAR Inc & others) v. Competition Appeals Tribunal & others,[1] examines various funding mechanisms, and proposes legislative reforms to clarify and regulate these funding types.
Class Dismissed? Representative Claims in Getty v. Stability AI
Earlier this year, the English High Court considered an application for strike out of a representative action in the ongoing dispute between Getty and Stability AI. The case is at the intersection of intellectual property (IP) issues in connection with generative artificial intelligence (AI) and class actions in the UK – issues close to Cooley’s heart – and we have been following developments with interest. The trial is listed to be heard in June, and so we’ll likely need to wait a while longer before we receive a decision on the IP implications arising from the use of third-party materials to train generative AI models. However, this recent decision provides insight into the extent to which the English court will be prepared to entertain class actions for IP claims, even in respect of complex tech litigation.