Litigation Notes

Jurisdiction clauses: High Court finds English courts have exclusive jurisdiction under bespoke ISDA clause

The decision illustrates the court's approach where there are questions as to the validity and interpretation of a jurisdiction clause.

Procedure for challenging jurisdiction includes challenges based on validity of service, not just international jurisdiction

The High Court has held that a defendant who wished to argue that proceedings had not been served in time, because orders extending time for service of …

Supply chain risk: England not appropriate forum for ESG-related claims against Dyson relating to actions of Malaysian manufacturer

High Court considers application of gateways for service out of the jurisdiction to cryptoassets removed from the jurisdiction

Information orders granted against cryptocurrency exchanges to help trace stolen cryptocurrency

High Court orders delivery up of stolen Bitcoin against crypto exchange

The High Court held, on an uncontested summary judgment application, that the crypto exchange controlling the wallet into which the claimant's stolen …

Application for third party disclosure can be served abroad where the documents are within the jurisdiction

The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales, in …

Freezing orders brought onto the blockchain and service of proceedings via NFTs

Commercial litigation podcast series – Episode 12: General update

Court of Appeal decision highlights dangers of filing claim form electronically on final day for service

High Court finds defendant submitted to the jurisdiction by applying for extension of time to serve defence

The High Court has held that a defendant submitted to the jurisdiction of the English court by applying for an extension of time for service of a …

High Court finds defendant did not submit to the jurisdiction by applying for strike out at the same time as challenging jurisdiction

The High Court has rejected an argument that a defendant submitted to the jurisdiction by applying to strike out the claim against him at the same time …