Interim applications

Court of Appeal clarifies test for granting security for costs against non-EU claimants

A recent Court of Appeal decision has clarified how the court will exercise its discretion when granting an order for security for costs against a claimant resident outside the EU (or other relevant state): Bestfort Developments LLP v Ras Al-Khaimah … Continue reading

Leave a Comment

Filed under Costs, Interim applications

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 tolerance, two very recent Court of Appeal decisions act as a bit of a … Continue reading

1 Comment

Filed under Interim applications, Judgments/Orders

Court of Appeal orders security for costs against claimant who was reticent about its financial position

The Court of Appeal has recently confirmed that security for a defendant's costs will often be granted against a foreign company who is not obliged to publish accounts, has no discernible assets and declines to reveal anything about its financial … Continue reading

1 Comment

Filed under Costs, Interim applications

Supreme Court decision confirms second attempt at relief from sanctions will be uphill battle

The Supreme Court has upheld the Court of Appeal's decision overturning the grant of a second application for relief from sanctions for failure to comply with an unless order: Thevarajah v Riordan [2015] EWCA Civ 14 (and see our blog post on the Court … Continue reading

Leave a Comment

Filed under Interim applications

Court of Appeal underlines high hurdle to overturn decisions re strike out or relief from sanctions

The Court of Appeal has dismissed an appeal against a High Court decision refusing to strike out a claim for procedural failures even though, in the judge's position, it would have struck a different balance between the competing factors: The … Continue reading

Leave a Comment

Filed under Interim applications

Supreme Court clarifies scope of “assets” covered by a freezing order

In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of "asset" contained in the current standard Commercial Court form of freezing order which includes "any … Continue reading

Leave a Comment

Filed under Injunctions, Interim applications

Relief from sanctions: how far has the pendulum swung back?

In recent months we have seen a number of decisions which show a greater willingness to grant relief from sanctions for breaches of rules and court orders, compared to the more draconian judgments of the immediate post-Mitchell era, and which illustrate the risks for … Continue reading

1 Comment

Filed under Interim applications

Party in breach of unless order for disclosure due to failures in OCR process

The High Court has held that claimant liquidators were in breach of an “unless order” for disclosure where the low quality of OCR copies of scanned hard copy documents, to which key word searches had been applied to narrow down the pool of … Continue reading

Leave a Comment

Filed under Disclosure, Interim applications

Dangers of filing further acknowledgement of service when appealing jurisdiction judgment

The Court of Appeal has held that filing a further acknowledgement of service following an unsuccessful jurisdiction challenge amounts to submission to the English jurisdiction. This is so even if the defendant is appealing against the jurisdiction judgment: Deutsche Bank … Continue reading

Leave a Comment

Filed under Interim applications, Jurisdiction

Establishing “good reason” for breach of order following change of solicitors may require waiver of privilege

The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate the trial date to allow more time for statements to be prepared and served: Devon & Cornwall Autistic Community Trust v Cornwall … Continue reading

Leave a Comment

Filed under Evidence, Interim applications, Privilege