Court of Appeal upholds strike-out of malicious falsehood claim as an abuse of process and because it disclosed no reasonably arguable claim for pecuniary loss

The Court of Appeal has upheld a decision to strike out a malicious falsehood claim on the grounds that the proceedings were abusive and disclosed no reasonable cause of action under s. 3(1) of the Defamation Act 1952: Tinkler v Ferguson [2021] EWCA Civ 18. The judgment addresses the application of the law on abuse … Read more

Commercial litigation podcast series – Episode 4: General update

In this fourth episode of our series of commercial litigation update podcasts, we look at a variety of cases and developments, including an update on the disclosure pilot and proposals in relation to witness statements. We also look at recent cases on privilege, witness evidence, access to court documents, claim notices and freezing injunctions. This … Read more

Obtaining evidence from US-connected entities – US court widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to use the US courts to access evidence held by US-connected entities, even if that evidence is not located in the US: Re Application of Antonio Del Valle Ruiz 18-3226 … Read more