News: June 2019

Under Duress – Avoiding a Contract

“Sign the agreement or else those pictures of you and the Duchess might end up in the hands of the Daily Mail…”. The English courts have never been fond of blackmail and it is now well-established that a contract may be avoided on the grounds of duress, where one party exerts illegitimate pressure on another such that the other party has no practical alternative but to accede to their demands and enter into a contract.

Can a Company in a CVA Enforce an Adjudication Award?

In Indigo Projects London Ltd v Razin & Anor the Court declined to enforce an adjudicator’s decision as it would interfere with the accounting exercise of Indigo’s Company Voluntary Arrangement (CVA).

959 days later….

In what could best be described as a rather ambitious application, in State A v Party B , the Applicant sought an extension of the 28-day time limit to issue a jurisdictional challenge despite the fact that the challenge was issued 959 days late. The Court, perhaps unsurprisingly, refused.

How Fare the Winds of Change – An Update on Disclosure in Civil Litigation

On 1 January this year, the Business & Property Courts rolled out the ‘Disclosure Pilot Scheme’ (DPS). Six months on we revisit the DPS and examine how it has been approached by the Court.