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

High Court can grant retrospective permission to continue a derivative claim

The High Court has held that it has the power retrospectively to validate service of a claim form and particulars of claim in proceedings brought as a derivative claim under the Companies Act 2006, where the claimant was in breach of the statutory requirement to obtain the court’s permission to continue the claim and where … Read more

Recent decisions show continuing trend for tough approach to rule breaches

Recent months have seen a number of decisions in which the English courts, both at first instance and on appeal, have re-emphasised the message that those who fail to comply with procedural rules should expect little sympathy, at least where they fail to take prompt steps to put matters right. Over the past few years … Read more