REUTERS | Jon Nazca

The Civil Procedure Rule Committee (CPRC) has, in principle, agreed an amendment to the rules governing service out of the jurisdiction after the end of the Brexit transition period.

The amendment will remove the need for the court’s permission to serve out where the claim falls within a choice of court agreement in favour of the English courts. This will significantly streamline the procedure for serving out of the jurisdiction in circumstances where the defendant has agreed that the English court should have jurisdiction to determine disputes that arise under a contract. It is therefore welcome, particularly in circumstances where the English courts are facing increased competition for international business in a post-Brexit world.

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REUTERS | Kai Pfaffenbach

This might seem like a very narrow and remote question to pose but it is very topical one. With a High Court ruling on the Financial Conduct Authority’s (FCA) business interruption insurance test case being decided in favour of the insured policyholders, who have hitherto been denied coverage for COVID-19 related interruptions, it is highly likely that the after the event (ATE) insurance and litigation funding market will see a flood of claims against affected liability insurers. That is, provided the decision is not overturned on appeal (the High Court subsequently granted a “leapfrog certificate“, allowing the FCA and seven of the eight defendant insurers to “leapfrog” the Court of Appeal and apply directly to the UK Supreme Court for permission to appeal).

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REUTERS | Benjamin Mallet

In Hinson v Hare Realizations Ltd (2), Spencer J dismissed an appeal against the County Court’s refusal to allow the claimant’s application to adjourn a trial and to rely on an acoustic engineering expert’s report, instead of the original single joint expert (SJE) report. Spencer J confirmed that the County Court had correctly applied the approach clearly set out in the decided case law.

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