REUTERS | Dominic Ebenbichler

Transfer out of Shorter Trials Scheme refused

In Sprint Electric Ltd v Buyer’s Dream Ltd and another, the Chancery Division of the High Court refused the claimant permission to transfer an intellectual property claim out of the Shorter Trials Scheme. The court was satisfied that it had power to transfer the case under CPR 3.1(2) (see Family Mosaic Home Ownership Ltd v Peer Real Estate Ltd), even though there was no express provision in Practice Direction 57AB. Otherwise, there was a “very real and regrettable danger” that claims inappropriately started in the Shorter Trials Scheme, without the defendant objecting, would have to remain there, even if that was unsuitable. Continue reading

REUTERS | Hannibal Hanschke

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. Continue reading