Russian sanctions: what’s a litigant to do?
This blog discusses the effects of UK and EU sanctions and their impact upon litigation involving Russian companies in light of the High Court’s decision in Maroil Trading Inc and others v Burford Capital (UK) Limited and another.
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 … Continue reading Failure to grasp the nettle: Qatar Investment and Project Development Holding Co v Phoenix Ancient Art SA
The limits and exceptions to issue estoppel
The Court of Appeal has recently clarified the circumstances in which the parties in court proceedings will be bound by the findings made in earlier UK Intellectual Property Office (UKIPO) proceedings as a result of issue estoppel. The judgment in Thomas v Luv One Luv All Promotions Ltd and another considers the scope of issue … Continue reading The limits and exceptions to issue estoppel
Alternative service outside the jurisdiction under the Hague Service Convention or a bilateral treaty: the “special” or “exceptional” circumstances justifying departure from international comity
The COVID-19 pandemic has affected the ability to effect service outside the jurisdiction, such that parties may need to consider applying for alternative service. Although the Civil Procedure Rules (CPR) do not contain an express provision for alternative service outside the jurisdiction, the UK Supreme Court in Abela v Baadarani held that such an order … Continue reading Alternative service outside the jurisdiction under the Hague Service Convention or a bilateral treaty: the “special” or “exceptional” circumstances justifying departure from international comity
