Service out of the jurisdiction is a step many parties have to take. Has getting it right (or getting out of getting service wrong) become easier? A decision earlier this year, Absolute Living Developments Ltd v DS7 Ltd and others, suggests some hope exists, but only for those who have done their best to get things right. Continue reading
In an earlier blog post, I suggested that practitioners would be well advised to follow the view expressed by Andrew Baker J in BB Energy (Gulf) DMCC v Mohammed Hussein Al Amoudi and others, that permission is required to adduce expert evidence at an interlocutory hearing. The question has been asked whether that remains the case for freezing injunction and security for costs hearings, in light of the Commercial Court’s decision in Pipia v BGEO Group Ltd. I consider that it does. Continue reading
Sophocles wrote that “things gained by unjust fraud are never secure”. Lord Denning described fraud as “a thing apart” which once proven “unravels all”. Where a judgment is procured by fraud, an action lies for set aside or rescission of that judgment. Where the victim of the fraud could have discovered it before the trial of the initial action, is the bringing of a rescission action an abuse of process? Continue reading