Judgments/Orders

Court of Appeal confirms appropriate means for challenging judgment allegedly obtained by fraud

The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the judgment under the court’s general power at CPR 3.1(7) to vary … Continue reading

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Filed under Appeals, Fraud, Judgments/Orders

High Court finds exclusive jurisdiction provisions in recast Brussels Regulation only apply to EU Domiciled defendants

The High Court has held that article 24(5) of the recast Brussels Regulation, which gives exclusive jurisdiction to the court where a judgment is to be enforced, does not apply where a defendant is domiciled outside of the EU: Integral … Continue reading

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Filed under Enforcement, Judgments/Orders, Jurisdiction

High Court finds strike out of response to unfair prejudice petition does not automatically entitle petitioner to relief

In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company’s affairs can obtain relief simply on the basis that a respondent’s defence has been struck out: Re … Continue reading

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Filed under Evidence, Interim applications, Judgments/Orders, Remedies

Second action allowed to proceed where earlier action struck out for breach of unless order

In a recent decision, the High Court has considered the proper approach to be taken in a second action where a previous action bringing the same claim has been struck out for failure to comply with an unless order: Davies … Continue reading

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Filed under Interim applications, Judgments/Orders

Supreme Court considers extent to which an appellant’s relationship with a wealthy third party is relevant in considering whether a payment condition will stifle its appeal

A court may impose conditions when granting permission to appeal. These conditions may include a requirement that the appellant pay money into court before an appeal can proceed – most notably in the form of security for costs, or payment … Continue reading

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Filed under Appeals, Judgments/Orders

UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should continue to apply as between the UK and … Continue reading

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Filed under Choice of law, Enforcement, Judgments/Orders

Court of Appeal decision reiterates need for care when settling with one of a number of defendants

The Court of Appeal has held that a claimant who settled a conspiracy claim against one defendant by recording the terms in a consent order, which was satisfied, could not continue its claim against another defendant who was liable for … Continue reading

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Filed under Judgments/Orders, Settlement

Court of Appeal clarifies test for setting aside judgment for fraud

The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v Gracefield Developments Ltd and others [2017] EWCA Civ 147. The … Continue reading

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Filed under Fraud, Judgments/Orders

Two Court of Appeal decisions show continuing tough approach to procedural failings

In case we were all in danger of thinking the courts' approach to breaches of rules and court orders had relaxed nearly to pre-Jackson levels of tolerance, two very recent Court of Appeal decisions act as a bit of a … Continue reading

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Filed under Interim applications, Judgments/Orders

Article published on enforcing foreign judgments

Enforcing a foreign judgment is not always a straightforward process. There are defences available to judgment debtors and procedural requirements to comply with. Anna Pertoldi has published a blog post on Practical Law’s Dispute Resolution blog looking at some of the … Continue reading

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Filed under Announcements, Enforcement, Judgments/Orders