All posts by Practical Law Dispute Resolution

REUTERS | GCS
June 6, 2022

Failure to grasp the nettle: Qatar Investment and Project Development Holding Co v Phoenix Ancient Art SA

This blog post discusses the court’s approach in determining whether to grant an extension of time to serve a claim form out of the jurisdiction during the COVID-19 pandemic (Qatar Investment and Project Development Holding Co v Phoenix Ancient Art S.A.)

Summary of the decision

In this case, the Court of Appeal was asked to determine whether it was right for an order granting the Claimant an extension of time to serve the claim form out of the jurisdiction to be set aside. The material factual timeline coincided with the COVID-19 pandemic and the related closure of the Foreign Process Section of the High Court (“FPS”). With reference to the rules under CPR 7.6, and analogous caselaw, the Court of Appeal agreed with the two previous decisions in the High Court, and determined that the order granting an extended time period for service out of the jurisdiction should be set aside.

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REUTERS | Chris Wattie
June 1, 2022

The importance of getting it right with your client…a commentary on the Solicitors Act

The matter of Richard Slade and Company plc v Erlam, heard in front of HHJ Gosnell, sitting as a judge of the High Court, relates to an appeal submitted by the appellant in relation to a matter whereby the appellant was ordered, by District Judge Batchelor on 22 November 2019, to prepare a final statute bill pursuant to section 68 of the Solicitors Act 1974. The latter states that the “The jurisdiction of the High Court to make orders for the delivery by a solicitor of a bill of costs, and for the delivery up of, or otherwise in relation to, any documents in his possession, custody or power, is hereby declared to extend to cases in which no business has been done by him in the High Court”. Continue reading →

REUTERS | Carl Recine
May 30, 2022

Part 20 claims: what needs to be proved

Part 20 offers a convenient mechanism for defendants to seek contribution from third parties under the Civil Liability (Contribution) Act 1978. A common practical issue relates to the position of a contribution defendant when there is a settlement between the claimant and the liability defendant. Reversing a much-discussed first instance decision, the Court of Appeal has clarified the defences open to the contribution defendant in such circumstances.

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