Pilot no more: the (permanent) new disclosure world in the Business and Property Courts
Few procedural changes have kept lawyers as interested as the continuing fine-tuning of the Disclosure Pilot Scheme under PD 51U, which will become a permanent fixture of the CPR as the brand new PD 57AD from 1 October 2022. So, where are we now? In essence, we have come to the end of the iterative … Continue reading Pilot no more: the (permanent) new disclosure world in the Business and Property Courts
Theft at the click of a mouse: English court grants injunctive relief to counter cryptocurrency fraud
In Danisz v Persons Unknown and Huobi Global, the High Court granted the claimant (a Bitcoin-holder) an interim proprietary injunction against persons unknown and a cryptocurrency exchange, a worldwide freezing order against persons unknown, and a banker’s trust order against the cryptocurrency exchange, following a suspected cryptocurrency fraud. The case is similar to Ion Science Ltd … Continue reading Theft at the click of a mouse: English court grants injunctive relief to counter cryptocurrency fraud
Cryptocurrencies: basic legal principles and their future in English law
The flexibility of English common law has made it easy to establish the basic legal principles that apply to cryptocurrency as an asset. This blog post provides an overview of recent decisions that establish these principles, and considers what may be next for cryptocurrency and English law.
The fatal flaw of deceit: Court of Appeal sets aside default judgment obtained by fraud in farming dispute
Making a false representation in particulars of claim in order to obtain default judgment will get you nowhere – the Court of Appeal has confirmed that “fraud unravels all” (the view taken by the Supreme Court in Takhar v Gracefield Developments) when it comes to setting aside such a judgment. The Court of Appeal confirmed … Continue reading The fatal flaw of deceit: Court of Appeal sets aside default judgment obtained by fraud in farming dispute
Trial witness statement drafting lesson: High Court gives clearest guidance to date on PD 57AC
While the court will not strike out witness statements for non-compliance under PD 57AC (Trial Witness Statements in the Business and Property Courts) where there is sufficient compliant material, it is clear from the recent High Court decision in Blue Manchester Ltd v Bug-Alu Technic GmbH & Simpsonhaugh Architects Ltd that the court will not … Continue reading Trial witness statement drafting lesson: High Court gives clearest guidance to date on PD 57AC