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The Credit Suisse judgment has significant implications for claims in deceit.

By Oliver Middleton, Anna Kullmann, and Duncan Graves

Key Points:

  • This landmark judgment confirms the legal requirements for a claim in deceit.
  •  Claimants do not need to prove their conscious awareness or understanding of a representation (although they still must prove that the representation induced them to contract).

On 24 November 2025, the Judicial Committee of the Privy Council handed down judgment in Credit Suisse Life…

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Landmark decision means companies can assert legal advice privilege against their shareholders in litigation before the English courts.

By Oliver Middleton, Nell Perks, and Alice Zhou

On 24 July 2025, the Privy Council handed down its decision in Jardine Strategic Ltd v. Oasis Investments II Master Fund Ltd and Others (No 2) (Bermuda) [2025] UKPC 34 (Jardine),abolishing the so-called “Shareholder Rule” exception to legal advice privilege as a matter of both Bermudian and English law. The…

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The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds.

By Martin Davies, Dominic Geiser, and Oliver Middleton

The Privy Council’s decision in Sian Participation Corp (in liq) v. Halimeda International Ltd [2024] UKPC 16 (Sian Participation) is the latest in a series of judgments clarifying the common law position on whether the court can…

By Daniel Harrison

“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but uncertainties about their effect still remain.

Ultimately, parties would be well-advised to avoid “non-exclusive” arbitration clauses and opt for exclusive arbitration clauses, if what they really want is for their disputes to be resolved by arbitration. If the parties choose a “non-exclusive” arbitration clause, then they should make sure that they avoid issues by making express provision for the litigation costs in the event of a stay and expressly naming a litigation forum.