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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
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
The judgment from the pre-trial review in the long-running Tesco Litigation (a securities class action) has illustrated the need for clarity as to the issues to be dealt with, and the evidence needed, in each stage of a split trial, as well as the need for relief from sanctions where a party seeks to serve … Read more
The Court of Appeal has upheld a High Court decision that a claimant’s unilateral decision not to pursue a claim it had commenced for a substantial period of time did not, on the facts of the case, constitute an abuse of process which justified striking out the claim: Aljawharah Bint Ibrahim Abdulaziz Alibrahim v Asturion … Read more
In a recent decision, the Chief Master found that an order requiring a defendant to make any application for strike out by a certain time did not contain an implied sanction. Therefore, the defendant’s retrospective application for an extension of time did not fall to be decided under the strict regime which applies to applications … Read more
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
In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court’s process, where the claim repeated an earlier claim which had been struck out as a result of the claimant’s failure to provide security for costs pursuant to an unless order: Harbour Castle Limited … Read more
The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs arising from a failed interlocutory application: Consult II SRO v Shire Warwick Lewis Capital Ltd [2019] EWHC 286 (Comm). In refusing to provide relief from sanctions, the court has … Read more
In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company’s affairs can obtain relief simply on the basis that a respondent’s defence has been struck out: Re Bankside Hotels Ltd, Re Pedersen (Thameside) Ltd, Re G&G Properties Ltd [2018] EWHC 1035 (Ch). … Read more
