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In this 15th episode of our series of commercial litigation update podcasts, we look at some recent or upcoming developments relating to disclosure, jurisdiction and the new Chancery Guide, decisions relating to privilege and the application of the without prejudice rule, and the impact of the UK sanctions regime on proceedings in the English court involving … Read more
The Court of Appeal has held that claims brought in the English court by over 200,000 claimants arising out of the 2015 collapse of the Fundão Dam in Brazil can proceed, overturning the High Court’s decision which had struck out the claims as an abuse of process in light of concurrent proceedings and compensation schemes … Read more
The High Court has considered when the rules in the recast Brussels Regulation will continue to apply to English proceedings commenced post-Brexit: Simon v Tache [2022] EWHC 1674 (Comm). The decision confirms that, pursuant to article 67 of the EU-UK Withdrawal Agreement, the “lis pendens” provisions in the recast Brussels Regulation continue to apply in … Read more
Adding to the run of recent cases involving fraud or theft of cryptoassets, the High Court has granted an order restraining “persons unknown” from dissipating NFTs allegedly stolen from the claimant’s cryptoasset wallet: Lavinia Deborah Osbourne v (1) Persons Unknown (2) Ozone [2022] EWHC 1021 (Comm). (The decision dates from March this year, but the … 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
The Civil Procedure Rule Committee has approved a number of new jurisdiction gateways in CPR Practice Direction 6B, as well as amendments to existing gateways, aimed at filling in perceived gaps in the current rules or, in some cases, clarifying their meaning. The changes are expected to come into effect in October this year. Anna … Read more
A court in the People’s Republic of China (PRC) has for the first time recognised and enforced an English court judgment in Mainland China. The decision, which was formally approved by the country’s highest court, the People’s Supreme Court (PSC), granted enforcement of a High Court commercial judgment based on the principle of reciprocity: (2018) … Read more
The High Court has held that a claim brought by a bank against several shareholders of a company for deceit and unlawful means conspiracy met the requirements of the jurisdictional gateway for tort claims (among other gateways) but declined to exercise jurisdiction on grounds of forum non conveniens: Abu Dhabi Commercial Bank Pjsc v Shetty & Ors [2022] … Read more
The High Court has held that cryptoasset systems and software developers did not owe a duty to cryptoasset owners to permit or enable access to the assets where the owners had lost control over the assets following a hack. The court set aside an order permitting service of the proceedings on the developers out of … Read more
