In the case of DB UK Bank Ltd (T/A DB Mortgages) v Jacobs Solicitors [2016] EWHC 1614 (Ch) it was held that a party who made a Part 36 offer in response to a “without prejudice save as to costs” offer had in law rejected the common law offer to settle and so a subsequent acceptance was not possible. Continue reading
As the area of law surrounding Norwich Pharmacal Orders (NPOs) has grown in recent years, applications for an NPO in situations where the respondent resides outside the jurisdiction has come under increasing scrutiny. The recent High Court case of AB Bank Ltd v Abu Dhabi Commercial Bank PJSC [2016] EWHC 2082 (Comm) has provided a significant development on this issue and given an emphatic judgment on the limitations of Norwich Pharmacal relief against overseas parties. Continue reading
A statement of case can be struck out where it is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings (CPR 3.4(2)(b)). The TCC (Mr Justice Fraser) has, in the recent decision EnergySolutions EU Limited v Nuclear Decommissioning Authority, underlined just how bad a party’s behaviour has to be for strike out to be the proper punishment. Continue reading