- October 10, 2019
Failure to attend trial: Akita and another v Governor and Company of the Bank of Ireland
The case of Akita and another v Governor and Company of the Bank of Ireland discussed the issue of CPR 39.3, which states:
- August 8, 2019
Applications for injunctive relief: Brothers Enterprise Limited v New World Hospitality UK Limited
Brothers Enterprise Limited v New World Hospitality UK Limited, decided in 2017, raises important points for practitioners advising on applications for injunctive relief.
- June 13, 2019
Actions for civil malicious prosecution: Willers v Joyce and another
The case of Willers v Joyce and another (in substitution for and in their capacity as executors of Albert Gubay (deceased) revolved around a suite of litigation that has been ongoing since the 1990s.
- April 4, 2019
Limitation period applies to enforcement of Tomlin orders
The case of Bostani and others v Pieper and another related to the enforcement of a Tomlin order which had been previously entered into by the parties. The court was asked to decide whether the Limitation Act 1980 applied to such agreements. Jacobs J heard the application of the claimants on 4 March 2019.
- February 8, 2019
Access to court documents by a non-party
The case of R (on the application of British American Tobacco (UK) Limited) v Secretary of State for Health discussed CPR 5.4C(2) and the case law surrounding this discrete area of practice.
- December 3, 2018
Varying worldwide freezing orders: FM Capital Partners Limited v Marino and others
In the case of FM Capital Partners Limited v Marino and others, Peter McDonald Eggars QC, sitting as a Deputy Judge of the High Court considered the application of the third respondent, Mr Yoshiki Ohmura, to vary a worldwide freezing order. His judgment considers the definition of assets in freezing orders and in particular in … Continue reading Varying worldwide freezing orders: FM Capital Partners Limited v Marino and others →
- October 5, 2018
Third party debt orders: monies in solicitors’ client accounts
In BCS Corporate Acceptances Limited and others v Terry, Morris J discussed third party debt orders and whether such an order could be made over sums held in solicitors’ client accounts.
- September 4, 2018
Setting aside default judgment: Wards Solicitors v Hendawi
The recent case of Wards Solicitors v Hendawi has revisited the common issue of setting aside a default judgment. The matter was heard by HHJ Paul Matthews at the Bristol District Registry.
- August 2, 2018
Is full disclosure always necessary under the worldwide freezing order regime?
The question of adequate disclosure required by a defendant to a worldwide freezing order (WFO) was discussed in the case of PJSC Tatneft v Gennady Bogolyubov and others.
- July 16, 2018
Committal for contempt
The recent case of Barclay v Tuck discussed the settled principles that a court has to consider when an application for committal is made. Spencer J heard the case on 14 May 2018.
- June 7, 2018
“Knowledge” under section 14A of the Limitation Act 1980 considered
In Su v Clarksons Platou Futures Ltd and another, section 14A of the Limitation Act 1980 was carefully considered by the Court of Appeal.
- May 3, 2018
Anti-harassment and non-disclosure injunction granted in relation to alleged blackmail
The High Court has recently ordered an injunction against an unknown third party and provided for alternative service by text message. In the case of NPV v QEL and ZED, all parties have been anonymised to protect their identities, and in particular NPV, a successful businessman.
- April 10, 2018
A “non party” who assists in the breach of the terms of a freezing order can be liable for conspiracy
The Supreme Court has recently given judgment in JSC BTA Bank v Khrapunov.
- March 2, 2018
Freezing order made against unknown parties
HHJ Waksman has recently granted a freezing order against persons unknown, in the case of CMOC v Persons Unknown.
- January 30, 2018
Claimant ordered to repay damages received after court finds that accident was staged
Teare J in the High Court has ordered that the claimant in a personal injury case should pay back the damages he received from insurers, plus costs and interest, in UK Insurance Ltd v Gentry.