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

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

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

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

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

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

The High Court has held that the court can refuse to accept undertakings which a party has agreed to give to it as part of the settlement of a civil claim: Smith v Backhouse [2022] EWHC 3011 (KB). The court noted that, where an undertaking is given to the court, a breach of the undertaking … Read more