Practical Law

The power of the court to grant a passport order under section 37 of the Senior Courts Act 1981 was primarily recognised by the Court of Appeal in Bayer AG v Winter. The boundaries of such passport orders has been recently considered in Lakatamia Shipping Company Ltd and others v Su and others.

In respect of interlocutory applications, the position is normally that costs fall to be reserved and decided at the conclusion of the litigation, unless there is some special feature. The case of Sportcal Global Communication Limited and another v Laflin certainly had special features.

Cuadrilla Bowland Ltd and others v Persons unknown and others has useful practical implications for those considering the terms of prospective injunction proceedings, particularly where the injunction is to prevent behaviour by persons unknown. In that case, the proposed injunction was challenged because its terms were unclear.

Delegation could still be the name of the game for litigants in person who instruct a third party to effect service of a claim form. The recent Court of Appeal judgment of Ndole Assets Ltd v Designer M&E Services UK Ltd goes very little way in providing clarity for parties with litigants in person on … Continue reading The name of the game: effecting valid service in Ndole Assets Ltd v Designer M&E Services UK Ltd →

Following the judgment of the Technology and Construction Court (TCC) in BAE Systems Pensions Funds v Royal and Sun Alliance Insurance plc and others in July, it appears that a potential dispute as to coverage is not a blocker to an insurer being joined into proceedings under the Third Parties (Rights Against Insurers) Act 2010. … Continue reading Disputing rights against insurers →