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England and Wales decisions
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The High Court fixed equitable compensation for a successful proprietary estoppel claim over employee share options, awarding payment for tranches 2 and 3 at strike price.
The appeal was filed outside the relevant time limit and seeks a remedy outside the Tribunal’s jurisdiction; therefore, the Tribunal must strike out the proceedings.
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The High Court held that Mr Upton breached fiduciary and contractual duties by undermining a proposed transaction, proposing divestment, and concealing buyer contacts.
The Commercial Court held that non-disclosure of styrene cartel participation breached a share sale agreement’s notification duty and warranties, and that fraud defeated the limitation bar.
Coulthard & Anor, R (On the Application Of) v Secretary of State for the Environment, Food and Rural Affairs [2025] EWCA Civ 1671 (19 December 2025)
The Court of Appeal held there were no exceptional public interest reasons to grant relief after a PSED breach in XL Bully legislation that created criminal offences.
The Claimant committed gross misconduct by entering into an advisor agreement and NDA with Advent, a bidder for the Defendant's business, while on garden leave, and by downloading confidential and commercially sensitive information. These actions breached express and implied terms of trust, confidence, conflict of interest, and confidentiality, entitling the Defendant to summarily dismiss him and withhold contractual payments and benefits. The Defendant's disciplinary process was fair and transparent. There was no breach of the Settlement Agreement, no wrongful dismissal, and no actionable de…
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The tribunal erred in failing to properly consider findings of breaches of the ACAS Code, in its approach to causation and mitigation of loss for Ms B, and in calculating loss of earnings based on an annual rather than quarterly bonus. The tribunal's approach to Mr A's loss period was unclear. These issues require remission for fresh consideration by a differently constituted tribunal.
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The High Court found an oral contract for the sale of Caddicks Ltd’s shares and ordered specific performance, rejecting the defendant’s traveller-custom defence.
The tribunal erred in law by reducing compensation for economic loss by 80% without evidential basis that a lawful dismissal or ill-health retirement would have resulted in the same career-long incapacity caused by the respondent's discrimination; the only proven cause of the claimant's psychiatric illness was the respondent's unlawful acts, and there was no basis for apportionment or reduction.
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Barings Investment Services Ltd v Wheeler [2025] EWHC 2369 (KB) (22 September 2025)
The High Court refused to strike out or summarily dismiss Barings Investment Services Ltd’s claim against Mr Wheeler arising from an alleged team move to Corinthia.
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