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In this 15th episode of our series of commercial litigation update podcasts, we look at some recent or upcoming developments relating to disclosure, jurisdiction and the new Chancery Guide, decisions relating to privilege and the application of the without prejudice rule, and the impact of the UK sanctions regime on proceedings in the English court involving … Read more
The UK is one of many countries which have introduced extensive sanctions against Russia, its individuals and entities in light of the military action in Ukraine which began on 24 February 2022. The application of the sanctions is generally limited to the territory of the UK and the conduct of UK persons (as defined) inside … Read more
On 29 August 2022 the EU acceded to, and Ukraine ratified, the 2019 Hague Judgments Convention. This means the Convention will come into force on 1 September 2023 between EU member states (other than Denmark) and Ukraine. Under the terms of the Convention, it will apply to the enforcement of judgments in proceedings commenced after … 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
In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … Read more
The High Court has granted the first third-party debt order in relation to cryptocurrency in an application involving allegations of fraud related to a cryptocurrency initial coin offering (ICO). A third party debt order is a method of enforcement of a money judgment which allows recovery of sums owed to a judgment debtor that are … Read more
For many years, commercial parties across the globe, and particularly in Europe, have preferred to enforce their English law-governed agreements, and resolve their disputes, in the courts of England. This combination has been selected for many good reasons, including: the independence and expertise of the English judiciary and the efficiency of the court process; and … Read more
The European Commission has adopted a proposal for the EU to accede to the 2019 Hague Judgments Convention, an international treaty which is aimed at facilitating the mutual recognition and enforcement of judgments in civil and commercial matters. In order for the EU to join the Convention, the Commission’s proposal will have to be adopted … Read more
