Many recent
economic tort cases have failed if not at first instance, then on appeal.
There are few leading
economic tort cases arising from the wider commercial context.
Not exact matches
Arish has acted on a wide array of commercial disputes in the English Courts and in English seated arbitrations, including
cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims,
economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).
David is generally instructed in high profile and heavyweight
cases in the High Court, frequently involving conspiracy and
economic torts, unlawful competition, team moves, the protection of confidential information, post-termination restraints, wrongful termination / expulsion, carried interest and bonus disputes (where he has acted in most of the landmark decisions such as Horkulak v Cantor Fitzgerald, Keen v Commerzbank and Anar v Dresdner Kleinwort), as well as claims arising in a regulatory context which raise important reputational issues, and whistleblowing and discrimination claims in the Employment Tribunal.
A breach of fiduciary duty not only gives rise to a
tort, it gives rise to special damages and remedies that are unique to fiduciary
cases apart from common
economic loss damages, such as disgorgement of ill - gotten gains or a constructive trust.
The
case also included claims in the
economic torts.
Construction products liability
cases present a very messy interaction between
tort, contract, traditional
economic loss principles, and the Uniform Commercial Code (UCC).
In complex commercial
cases involving
economic torts, personal liability of directors and officers, and claims of fraud and conspiracy, the courts require a certain degree of specificity in pleadings and claims are vulnerable to preliminary attack.