This week the High Court has delivered its decision in Cohen v Morrison & Others [2026] EWHC 184 (Ch), a substantial commercial dispute exceeding £20 million and involving allegations of deceit, dishonest assistance, conspiracy, and breach of common law duties arising from the collapse of a live entertainment venture in the aftermath of the Covid 19 pandemic.
The Court found that the Claimant’s case had been inadequately pleaded and opted to dismiss it summarily, without permitting it to proceed to disclosure. The judgment emphasises the judiciary’s increasing readiness to scrutinise the sufficiency of complex pleadings at an early stage. Of wider importance for commercial practitioners is the Court’s treatment of ‘loss of a chance’ claims. The judgment underscores that such claims cannot survive without a clearly articulated positive counterfactual. A claimant must set out what would likely have happened absent the alleged wrongdoing, identifying concrete possibilities such as a specific purchaser or an achievable sale price.
Justin Kitson KC appeared for the successful First and Second Defendants.
To view the judgment, please click here.
To read more about Justin’s practice, please visit here.
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