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Defense Strategies UK Supreme Court

Latham & Watkins LLP

No Causation Defence for Self-Interested Fiduciaries: UK Supreme Court Affirms Strict Profit Rule

Latham & Watkins LLP on

The judgment concerns the circumstances in which fiduciaries must account to their principals for the profits they make from their fiduciary relationships....more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Supreme Court Eases Burden on Antitrust Defendants Pleading a Pass-On Mitigation Defence

Defendants in competition damages actions often argue that claimants mitigated any loss in competition damages claims by passing on any allegedly unlawful price increase to their customers. In Sainsbury’s v. Mastercard [2020]...more

Hogan Lovells

Ghosh is gone - now a one-stage test for dishonesty?

Hogan Lovells on

A recent UK Supreme Court case has decided that the current test for dishonesty in criminal proceedings should no longer be used when directing juries on the law in criminal cases. The Ghosh test, which has represented...more

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