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High Court finds exclusive jurisdiction provisions in recast Brussels Regulation only apply to EU Domiciled defendants
The High Court has held that article 24(5) of the recast Brussels Regulation, which gives exclusive jurisdiction to the court where a judgment is to be …
High Court finds strike out of response to unfair prejudice petition does not automatically entitle petitioner to relief
In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company's affairs can …
Second action allowed to proceed where earlier action struck out for breach of unless order
In a recent decision, the High Court has considered the proper approach to be taken in a second action where a previous action bringing the same claim …
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 …
UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit
On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, …
Court of Appeal decision reiterates need for care when settling with one of a number of defendants
The Court of Appeal has held that a claimant who settled a conspiracy claim against one defendant by recording the terms in a consent order, which was …
Court of Appeal clarifies test for setting aside judgment for fraud
The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v …
Two Court of Appeal decisions show continuing tough approach to procedural failings
In case we were all in danger of thinking the courts' approach to breaches of rules and court orders had relaxed nearly to pre-Jackson levels of …
Article published on enforcing foreign judgments
Enforcing a foreign judgment is not always a straightforward process. There are defences available to judgment debtors and procedural requirements …
No implied obligation on company's controller personally to ensure company's compliance with its contractual obligations
The Commercial Court has held that a shareholders' agreement did not contain an implied term which would have rendered the company's controller …
Commercial Court bypasses Mitchell in treating service of particulars as valid despite errors of procedure
In what may be seen as a surprising decision, the Commercial Court has treated service of particulars of claim on the defendant's lawyer by e-mail …
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 …
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