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In the context of an application for security for costs on the basis that the claimant was resident in the United Arab Emirates (“UAE”), the High Court has held that there was no real risk of substantial obstacles to enforcement or an additional burden in terms of costs or delay in enforcing English court judgments … Read more
In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined … Read more
The UK government yesterday launched a consultation seeking views on its plan for the UK to become a contracting state to the Hague Convention of 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Hague 2019). The EU and Ukraine recently became the first states to accede to or ratify … Read more
Anna Pertoldi and Gary Horlock have published an article summarising when and how foreign judgments may be enforced in the courts of England and Wales, as part of Mondaq’s Comparative Guide on Enforcement of Foreign Judgments. The article sets out the legal and judicial framework, explains the requirements for enforceability and the recognition and enforcement … Read more
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