Court of appeal overturns decision dealing with the impact of West Tankers

The Court of Appeal has overturned the Commercial Court’s judgment earlier this year in National Navigation v Endesa in a decision which, although more consistent with principles of comity, and with the reasoning of the ECJ in West Tankers, may be considered to highlight some of the unsatisfactory effects of that decision: National Navigation v … Read more

Service Permissible via Twitter

In the recent case of Blaney v Persons Unknown (October 2009), the English court demonstrated a willingness to move with the times and made an order permitting alternative service of an injunction via Twitter, the popular social networking website. No written judgment is available, but the details of this case have been widely reported in … Read more

Electronic disclosure – ignore rules at your peril

Earles v Barclays Bank Plc [2009] EWHC 2500 provides a clear reminder to litigants to undertake proper electronic disclosure. The judge made clear in the starkest terms that Practice Direction 31 2A (electronic disclosure) “is in the Civil Procedure Rules and those practising in the civil courts are expected to know the rules and practice … Read more

Government proposes class actions for financial services

The Government has introduced a Financial Services Bill to Parliament, which includes provision for collective actions in the financial services sector. If the Bill is passed,  these measures have the potential to transform the way in which parties can pursue complaints against banks and other financial institutions and will introduce the first ever “opt-out” collective … Read more

Parallel proceedings in English and non-EU courts: To stay or not to stay?

There have been two recent English High Court decisions (both in the Chancery Division) which considered the question whether English proceedings could and should be stayed where competing proceedings are brought in another non-EU jurisdiction. Catalyst Investment Group Ltd v Lewinsohn and others [2009] EWHC 1964 (Ch) and Pacific International Sports Clubs Ltd v Soccer … Read more

House of Lords rules on auditors’ liability in fraud case

In a decision handed down just before the end of term, auditors have won an important House of Lords ruling limiting their liability in cases where a "one man" company is used as a vehicle for fraud: Moore Stephens (a firm) v Stone Rolls Limited (in liquidation) [2009] UKHL 39. The law lords dismissed by a … Read more

Government rejects generic collective action in favour of sector by sector approach

In its response published on 20 July 2009 to the Civil Justice Council’s (CJC’s) recommendations for the expansion of collective claims (see post), the government has rejected the proposal for a generic right of collective action. The government’s position is that such rights should be considered, and where appropriate introduced, in respect of specific sectors … Read more