The High Court has considered the impact of the UK sanctions against Russia on various aspects of litigation involving a sanctioned party: PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm). The judgment raises important questions of law with wide implications for litigation involving sanctioned entities. The court’s key finding was that the UK … Read more

The Supreme Court has upheld the Court of Appeal’s decision to strike out a claim brought by the liquidators of a Ponzi scheme against its correspondent bank, alleging that the bank breached its so-called Quincecare duty to take sufficient care that monies paid out from the accounts under its control were being paid out properly: … Read more

A recent High Court decision suggests that there is some doubt as to the proper construction of the gateways allowing service out of the jurisdiction for claims relating to property in the jurisdiction, and for claims in constructive or resulting trust relating to assets within the jurisdiction. In particular, the decision suggests that it may … Read more

The Court of Appeal has upheld the High Court’s decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. The Court of Appeal endorsed the judge’s … Read more

The High Court has held that documents obtained pursuant to a search order were not protected by privilege as the iniquity exception applied: Lakatamia Shipping Company Limited and other v Nobu Su and others [2022] EWHC 3115. Under that principle, privilege does not apply to protect communications made in furtherance of a crime, fraud or … Read more

In a further decision demonstrating the English court’s ability to apply the law flexibly to novel issues arising in relation to crypto assets, the High Court has granted information orders against various foreign cryptocurrency exchanges requiring the provision of information and documentation to help identify those who hold accounts into which stolen cryptocurrency was allegedly … Read more

The High Court held, on an uncontested summary judgment application, that the crypto exchange controlling the wallet into which the claimant’s stolen bitcoin was transferred sat in a position of constructive trustee as against the claimant. It ordered delivery up of the bitcoin as against the fraudsters as well as the exchange: Jones v Persons … Read more

Two recent English court decisions provide useful guidance as to the role of private litigants when they bring an application seeking the committal of another party for civil contempt.  In particular, they shed light on the extent to which the applicant’s private interests can be a legitimate consideration in such applications, as distinct from the … Read more