Judgments/Orders

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 satisfied, could not continue its claim against another defendant who was liable for … Continue reading

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Filed under Judgments/Orders, Settlement

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 Gracefield Developments Ltd and others [2017] EWCA Civ 147. The … Continue reading

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Filed under Fraud, Judgments/Orders

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

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Filed under Interim applications, Judgments/Orders

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 to comply with. Anna Pertoldi has published a blog post on Practical Law’s Dispute Resolution blog looking at some of the … Continue reading

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Filed under Announcements, Enforcement, Judgments/Orders

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 personally liable for failing to ensure the company's compliance with its obligations under that agreement: Liberty Investing Limited … Continue reading

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Filed under Contract, Judgments/Orders

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 as valid service, despite the fact that the lawyer had not agreed to accept service by … Continue reading

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Filed under Interim applications, Judgments/Orders, Service, Statements of case

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 property, were not affected by a subsequent decision of the Supreme Court that the relevant legislation did not have … Continue reading

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Filed under Appeals, Judgments/Orders

High Court decision warns of strict post-Jackson approach to case management

The High Court has emphasised that recent amendments to the Civil Procedure Rules (CPR) require the court to pay close attention to procedural failures, saying “A failure to comply with a rule, direction or order is of itself a clear breach of the overriding … Continue reading

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Filed under Interim applications, Judgments/Orders

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 decision before the order is sealed: In the matter of L and B … Continue reading

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Filed under Appeals, Judgments/Orders

Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings

The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in foreign criminal proceedings: R (on the application of Omar) v Secretary of State for … Continue reading

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Filed under Disclosure, Evidence, Judgments/Orders