High Court finds iniquity exception to privilege applies

The High Court has held that documents obtained pursuant to a search order were not protected by privilege as the iniquity exception applied: Lakatamia Shipping Company Limited and other v Nobu Su and others [2022] EWHC 3115. Under that principle, privilege does not apply to protect communications made in furtherance of a crime, fraud or … Read more

Court of Appeal clarifies when disputes re formation/validity of contract containing arbitration clause may fall to be determined by the courts

A recent Court of Appeal decision provides useful guidance on disputes about the validity of the underlying contract where that contract contains an arbitration clause. The decision clarifies the important principle of separability, under which an arbitration agreement is treated as a contract which is separate from the main contract of which it forms part: … Read more

Information orders granted against cryptocurrency exchanges to help trace stolen cryptocurrency

In a further decision demonstrating the English court’s ability to apply the law flexibly to novel issues arising in relation to crypto assets, the High Court has granted information orders against various foreign cryptocurrency exchanges requiring the provision of information and documentation to help identify those who hold accounts into which stolen cryptocurrency was allegedly … Read more

UK government consults on joining Hague Judgments Convention 2019

The UK government yesterday launched a consultation seeking views on its plan for the UK to become a contracting state to the Hague Convention of 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Hague 2019). The EU and Ukraine recently became the first states to accede to or ratify … Read more

A litigator’s yearbook 2022 (England and Wales)

As the end of another eventful year approaches, we look back at what 2022 has had in store from the perspective of the commercial litigator, and outline key developments relating to the topics listed below: Class actions Cryptoassets Contract Jurisdiction and enforcement Court practice Witness evidence Disclosure Privilege Judgments and orders Alternative Dispute Resolution (ADR) … Read more

High Court orders delivery up of stolen Bitcoin against crypto exchange

The High Court held, on an uncontested summary judgment application, that the crypto exchange controlling the wallet into which the claimant’s stolen bitcoin was transferred sat in a position of constructive trustee as against the claimant. It ordered delivery up of the bitcoin as against the fraudsters as well as the exchange: Jones v Persons … Read more