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

Managing risk: A disputes perspective (2021)

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

A litigator’s yearbook 2021 (England and Wales)

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

Part 36 offer given effect even though it was not validly served

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

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