Posts from Charles Russell Speechlys

Strike out or security for costs as sanction: a question of proportionality

In Alba Exotic Fruit Sh Pk v MSC Mediterranean Shipping Company S.A., the Circuit Commercial Court imposed security for costs as a sanction for a claimant that failed to take any substantive steps in pursuing its case for over four years, instead of ordering that the claim be struck out.

Access all areas? When the “interests of justice” may permit a non-party access to arbitration documents

The extent to which a non-party may obtain access to documents on the court file, and what those documents comprise, has been the subject of recent judicial scrutiny, notably the Court of Appeal’s ruling in Cape Intermediate Holdings Limited v Dring. In The Chartered Institute of Arbitrators v B and others, the High Court was … Continue reading Access all areas? When the “interests of justice” may permit a non-party access to arbitration documents

From warehouse to courthouse: when delay may amount to abuse of process

In Asturion Foundation v Alibrahim the court saved a claimant that allegedly warehoused its claim for over nine months from having its claim struck out. This post considers that decision as well as when delay may amount to an abuse of process; why there wasn’t a delay amounting to abuse in Asturion; and what a … Continue reading From warehouse to courthouse: when delay may amount to abuse of process

It takes three to agree: time extensions and Commercial Court protocol

In Griffin Underwriting Ltd v Varouxakis (Free Goddess), the parties agreed a litigation moratorium following the filing by the defendant of an acknowledgment of service indicating that he intended to contest jurisdiction. At the time of entering the moratorium, the defendant had one day left in which to bring his challenge.