In a recent decision, the High Court has considered the proper approach to be taken in a second action where a previous action bringing the same claim has been struck out for failure to comply with an unless order: Davies… Read more

A court may impose conditions when granting permission to appeal. These conditions may include a requirement that the appellant pay money into court before an appeal can proceed – most notably in the form of security for costs, or payment… Read more

On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should continue to apply as between the UK and… Read more

The Court of Appeal has held that a claimant who settled a conspiracy claim against one defendant by recording the terms in a consent order, which was satisfied, could not continue its claim against another defendant who was liable for… Read more

The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v Gracefield Developments Ltd and others [2017] EWCA Civ 147. The… Read more

In case we were all in danger of thinking the courts' approach to breaches of rules and court orders had relaxed nearly to pre-Jackson levels of tolerance, two very recent Court of Appeal decisions act as a bit of a… Read more

Enforcing a foreign judgment is not always a straightforward process. There are defences available to judgment debtors and procedural requirements to comply with. Anna Pertoldi has published a blog post on Practical Law's Dispute Resolution blog looking at some of the… Read more

The Commercial Court has held that a shareholders' agreement did not contain an implied term which would have rendered the company's controller personally liable for failing to ensure the company's compliance with its obligations under that agreement: Liberty Investing Limited… Read more

In what may be seen as a surprising decision, the Commercial Court has treated service of particulars of claim on the defendant's lawyer by e-mail as valid service, despite the fact that the lawyer had not agreed to accept service by… Read more

The Court of Appeal has held that a civil recovery order and property freezing order made against the respondent's property, including overseas property, were not affected by a subsequent decision of the Supreme Court that the relevant legislation did not have… Read more

The High Court has emphasised that recent amendments to the Civil Procedure Rules (CPR) require the court to pay close attention to procedural failures, saying "A failure to comply with a rule, direction or order is of itself a clear breach of the overriding… Read more

In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that decision before the order is sealed: In the matter of L and B… Read more

The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in foreign criminal proceedings: R (on the application of Omar) v Secretary of State for… Read more

The High Court has held that the regime for compelling evidence, as distinguished from information, for use outside of the jurisdiction is exclusively statutory. Accordingly, a Norwich Pharmacal order cannot be used to order the provision of evidence for foreign… Read more

The Supreme Court has ruled that the court has power to strike out a dishonestly exaggerated claim as an abuse of process at any stage of the proceedings, even where it has already determined that the claimant is in principle entitled to damages in… Read more

The High Court has held that a party was in breach of an "unless" order requiring service of a disclosure list by a particular date, despite the opponent's solicitors having received the list by that date, as a result of the… Read more

The Civil Procedure Rule Committee has approved the wording of an amendment which seeks to implement Lord Justice Jackson’s recommendations that the courts “should be less tolerant than hitherto of unjustified delays and breaches of orders” (see our September update… Read more

A recent Court of Appeal decision clarifies that the court has the power to hand down judgment in a case that has been fully argued, even if the parties have settled their dispute and asked that judgment not be given:… Read more

In Bond v Dunster Properties Ltd [2011] EWCA Civ 455 the Court of Appeal described a delay of 22 months between the end of the hearing and the delivery of judgment as "lamentable and unacceptable" but held that it did… Read more

In a recent case the High Court has withheld publication of its draft judgment, at the request of the parties, in light of the subsequent settlement of their dispute: Renaissance Capital Ltd v ENRC Africa Holdings Ltd (unreported, 7 April… Read more