Litigation Notes

New Supreme Court Rules and Privy Council Rules from 2 December 2024

High Court considers contractual remedies for failure to transfer cryptocurrency

Appeals against findings of foreign law: Privy Council explains spectrum approach

Know when to apply for permission to appeal to the Court of Appeal: time runs from when judgment is handed down, not when the lower court refuses permission

A recent Court of Appeal decision clarifies the rules on applying for permission to appeal to the Court of Appeal - which, the court noted, are often not …

Court of Appeal confirms appropriate means for challenging judgment allegedly obtained by fraud

The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the …

Court of Appeal confirms need to apply for immediate assessment of costs where successful in interlocutory appeal

The Court of Appeal has confirmed that a party who is awarded its costs of an interlocutory appeal is not entitled to an immediate …

Supreme Court considers extent to which an appellant's relationship with a wealthy third party is relevant in considering whether a payment condition will stifle its appeal

A court may impose conditions when granting permission to appeal. These conditions may include a requirement that the appellant pay money into court …

New rules for appeals to the Court of Appeal to apply from 3 October

The procedural rules governing appeals to the Court of Appeal are to be amended and restructured with effect from 3 October 2016.  Key changes …

Court of Appeal decision underlines dangers of delay in filing notice of appeal

The Court of Appeal has confirmed that the courts will apply the same rigorous approach to a retrospective application to extend time for filing a …

Court of Appeal reinforces principle of finality in litigation

The Court of Appeal has held that a civil recovery order and property freezing order made against the respondent's property, including overseas …

Five Court of Appeal judges designated to hear appeals arising from Jackson reforms

The Master of the Rolls, Lord Dyson, has designated five members of the Court of Appeal to hear appeals arising from the Jackson reforms. This implements …

UK Supreme Court: court can change decision without "exceptional circumstances"

In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that …