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The challenge of enforcing court orders in respect of cryptocurrencies may become easier, following the settlement announced last week between the Bitcoin Association for BSV and Tulip Trading Ltd (TTL). This follows the significant case brought by Dr Craig Wright against a number of blockchains and their developers in 2021: Tulip Trading Limited v Bitcoin … Read more
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
The Court of Appeal has held that service of unsealed claim forms did not amount to effective service, and has refused to validate service under CPR 3.10, which allows the court to remedy errors of procedure: Ideal Shopping Direct Limited v Mastercard Incorporated and Visa Europe Limited [2022] EWCA Civ 14. A claim form filed … Read more
The High Court has held that a defendant submitted to the jurisdiction of the English court by applying for an extension of time for service of a defence, in circumstances where it had indicated an intention to defend the proceedings in an acknowledgement of service and had not reserved its rights to challenge jurisdiction: Aelf … Read more
The High Court has rejected an argument that a defendant submitted to the jurisdiction by applying to strike out the claim against him at the same time as challenging jurisdiction: PJSC Bank “Finance and Credit” v Zhevago [2021] EWHC 2522 (Ch). The court considered two tests set out in the authorities to determine whether a … Read more
The High Court has held that the “necessary or proper party” gateway contained in CPR Practice Direction 6B, paragraph 3.1(3) does not apply when the anchor defendant has voluntarily submitted to the court’s jurisdiction: ID v LU and BZ [2021] EWHC 1851 (Comm). In a case in which none of the parties were domiciled or … Read more
The High Court has held that there was no good reason to validate service retrospectively, or extend time for service, where the claimant’s solicitors had purported to serve the claim form by emailing an unsealed copy to the correct address but the sealed copy to incorrect addresses: R. (on the application of The Good Law … Read more
In a recent decision, the High Court confirmed that proceedings had been properly served on a borrower where it had failed to comply with its contractual obligations to appoint a process agent and so the lender had appointed an agent on its behalf as permitted by the credit agreement: Banco San Juan Internacional Inc v … Read more
The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort jurisdictional gateway in the CPR: FS Cairo (Nile Plaza) LLC v Christine Brownlie [2020] EWCA Civ 996. In doing so it followed obiter comments made by the … Read more
