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The UK government has today published its Response to Consultation on joining the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019). The response concludes that it is the right time for the UK to join Hague 2019. It intends to sign as … Read more
The Court of Appeal has confirmed that UK sanctions do not preclude the entry of judgments in favour of Russian sanctioned parties: Mints v PJSC National Bank Trust [2023] EWCA Civ 1132. The court also held that the Office of Financial Sanctions Implementation (0FSI) is entitled to license a sanctioned party to pay an adverse … Read more
In this 18th episode of our series of commercial litigation update podcasts, we consider a significant recent decision on representative actions under CPR Part 19, cases on disclosure and judgments handed down under embargo, and a Supreme Court decision on unjust enrichment. This episode is hosted by Anna Pertoldi, a partner in our litigation team, … Read more
The High Court has considered the impact of the UK sanctions against Russia on various aspects of litigation involving a sanctioned party: PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm). The judgment raises important questions of law with wide implications for litigation involving sanctioned entities. The court’s key finding was that the UK … Read more
The Court of Appeal has held that, where a judgment was provided in draft to parties and their legal representatives under embargo in advance of being handed down in public, neither the judgment nor the outcome could be disclosed to foreign lawyers, even though they had been involved to some extent in the proceedings. Such … 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 High Court has decided on its own initiative to issue contempt proceedings on the basis that certain posts on the Slack messaging platform and the forwarding of an email may have disclosed the substance of a judgment while it was still under embargo: Wright v McCormack [2022] EWHC 3343 (KB). Where a court is … Read more
In this 14th episode of our series of commercial litigation update podcasts, we look at the most recent decisions on trial witness statements, a decision on what parties can do when they have received a draft judgment under embargo, upcoming changes to the circumstances in which proceedings can be served on parties outside the jurisdiction … Read more
It has long been established that a judge has the power to re-open their judgment or order at any time until the order has been sealed. In a recent decision, the Supreme Court has clarified the approach a judge should adopt if asked to exercise this power, finding that the essential task is to do … Read more
