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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
The Court of Appeal has allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis that the judgment was procured by fraud. The fact that, prior to the original proceedings, the party was aware of the factual circumstances now relied on to … Read more
In the context of a claim brought by a bank against a valuer, seeking damages in respect of a negligent valuation report for land representing the bank’s security, the Board of the Privy Council has allowed an appeal by the valuer on the basis that the losses claimed did not fall within the scope of … Read more
Our annual disputes client conference, held on 7 and 9 December, was chaired by our Managing Partner for Dispute Resolution Damien Byrne Hill and explored some key legal and compliance risks facing major corporates, and how those risks can be mitigated. Sessions looked in particular at risks relating to climate change and Business & Human … Read more
Another year is drawing to a close, with life feeling much more normal than a year ago but with continued uncertainties as to what the Covid-19 pandemic might throw at us next. The Business and Property Courts have proved to be remarkably resilient in the face of the pandemic, with business continuing pretty much as … Read more
The High Court has dismissed a claim by the assignee of an investment fund against a financial advisory firm (and associated parties) for losses arising out of alleged fraudulent misrepresentations made in relation to the financial position and prospects of a business which had induced the investment fund to subscribe for £11 million in loan … Read more
In a recent decision the High Court has held that a Part 36 offer was valid despite the claimant having failed to serve it in accordance with CPR Part 6: London Trocadero (2015) LLP v Picturehouses Cinemas Ltd and others [2021] EWHC 3103 (Comm). The court held that the defective service (by emailing the offer … Read more
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
The High Court has refused to strike out witness statements for non-compliance with PD 57AC, which applies to trial witness statements signed on or after 1 April 2021 in the Business and Property Courts, but has ordered the statements to be redrafted in a number of respects to comply with the requirements: Blue Manchester Ltd … Read more
