The High Court has granted summary judgment to an aviation services provider for the recovery of unpaid sums under a novated contract. In so doing, the court held that a contractual clause which required three months’ written notice to terminate posed no bar to the implied novation of the contract, despite the absence of a … Read more

From today, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely, under new s.85A of the Courts Act 2003 and the Remote Observation and Recording (Courts and Tribunals) Regulations 2022. The Lord Chief Justice and the Senior President of Tribunals have issued practice guidance to … Read more

A recent High Court decision highlights the need to think carefully before applying to strike out an opponent’s witness statements, or parts of them, for non-compliance with Practice Direction (PD) 57AC (which applies to trial witness statements signed since April 2021): Curtiss v Zurich Insurance Plc [2022] EWHC 1514 (TCC). A line of authorities since … Read more

It has long been established that a judge has the power to re-open their judgment or order at any time until the order has been sealed. In a recent decision, the Supreme Court has clarified the approach a judge should adopt if asked to exercise this power, finding that the  essential task is to do … Read more

The Civil Procedure Rule Committee has approved a number of new jurisdiction gateways in CPR Practice Direction 6B, as well as amendments to existing gateways, aimed at filling in perceived gaps in the current rules or, in some cases, clarifying their meaning. The changes are expected to come into effect in October this year. Anna … Read more

In a recent decision, the High Court has held that a claimant could not claim litigation privilege in respect of the identities of the individuals giving instructions to its lawyers on its behalf in relation to the litigation: Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd [2022] EWHC 1136 (Comm). The court … Read more

The challenge of enforcing court orders in respect of cryptocurrencies may become easier, following the settlement announced last week between the Bitcoin Association for BSV and Tulip Trading Ltd (TTL). This follows the significant case brought by Dr Craig Wright against a number of blockchains and their developers in 2021: Tulip Trading Limited v Bitcoin … Read more

A court in the People’s Republic of China (PRC) has for the first time recognised and enforced an English court judgment in Mainland China. The decision, which was formally approved by the country’s highest court, the People’s Supreme Court (PSC), granted enforcement of a High Court commercial judgment based on the principle of reciprocity: (2018) … Read more