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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
In a recent decision, the High Court found that there was a clear breach of the embargo on a draft judgment where the defendant disclosed the outcome to journalists on confidential terms and subject to an agreement that they would not publish anything until after formal hand down. However, it was not a breach to … Read more
The High Court has held that it was within the court’s power to hand down a reserved judgment where the proceedings had settled before the draft judgment was circulated. There was no need for the court to be satisfied that there were exceptional circumstances. The proper approach was to weigh the public interest for and … Read more
In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … Read more
Where the court is to hand down a reserved judgment, the usual practice is for the parties and their legal representatives to receive the judgment, on confidential terms, a couple of days beforehand – referred to as receiving the judgment under embargo. The consequences of breaching the embargo can be dramatic, not least because it … Read more
Following an ongoing dispute between two competing Boards of the Central Bank of Venezuela (BCV), both claiming to be appointed by the recognised President of Venezuela, the Supreme Court determined unanimously that: (a) Mr Guaidó is recognised by Her Majesty’s Government (HMG) as the constitutional interim President of Venezuela; and (b) Mr Maduro is not recognised … Read more
The Court of Appeal has allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis that the judgment was procured by fraud. The fact that, prior to the original proceedings, the party was aware of the factual circumstances now relied on to … Read more
In a recent decision, the High Court agreed not to hand down judgment where the parties had reached settlement following circulation of the draft judgment, and that settlement was conditional on the judge agreeing not to hand down judgment: Beriwala v Woodstone Properties (Birmingham) Ltd [2021] EWHC 609 (Ch). The decision helpfully summarises the court’s … Read more
