Commercial litigation podcast series – Episode 12: General update

In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had … Read more

Court of Appeal gives guidance on jurisdiction rules in libel claims

The Court of Appeal has clarified how section 9 of the Defamation Act 2013 should be interpreted, finding that the requirement it introduced for the court to be satisfied that England is the most appropriate place to hear a libel dispute is merely a modification of the usual regime which applies where a claimant needs … Read more

High Court finds submission to jurisdiction no bar to staying English proceedings in favour of Thai proceedings following change in circumstances

The High Court has granted a stay of English proceedings on the basis that the Thai courts were clearly and distinctly the more appropriate forum to determine the dispute. The stay was granted even though the English proceedings had begun five years earlier, and the defendant had unsuccessfully challenged jurisdiction at that time and had … Read more

High Court finds defendant did not submit to jurisdiction where it sought to have summary judgment application determined before stay application

The High Court has held that a defendant did not submit to the court’s jurisdiction despite seeking to have its (conditional) summary judgment application heard before its application to stay the court proceedings in favour of arbitration: Deposit Guarantee Fund for Individuals v Bank Frick & Co AG [2021] EWHC 3226 (Ch). It was common ground … Read more

Commercial litigation podcast series – Episode 11: General update

In this 11th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence and relief from sanctions, and give a very brief update on the disclosure pilot. We also cover some decisions on jurisdiction and pleading foreign law, including an important Supreme Court decision, and finally we look … Read more

Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect

The High Court has interpreted a jurisdiction clause in an excess liability insurance policy as granting exclusive jurisdiction to the English courts, despite the clause not containing express words to that effect: AIG Europe SA (formerly AIG Europe Ltd) v John Wood Group Plc [2021] EWHC 2567 (Comm). While normal principles of contractual interpretation will … Read more

Supreme Court confirms wide interpretation of “damage” for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

The Supreme Court has held in the context of a personal injury claim (Lord Leggatt dissenting) that direct damage in the jurisdiction is not required in order for a claim to come within the tort jurisdictional gateway in the CPR, so that permission can be granted to serve the proceedings on a defendant outside the … Read more