Mullet it over if it seems a bit phishy

14 June 2019

The judgment in World Proteins KFT v Persons Unknown confirms the Court’s willingness to permit restrictive injunctions against “persons unknown” in a fraud claim.

Read more

Under Duress – Avoiding a Contract

14 June 2019

“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.

Read more

Can a Company in a CVA Enforce an Adjudication Award?

14 June 2019

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).

Read more

959 days later….

14 June 2019

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.

Read more

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

14 June 2019

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.

Read more

Brexit: Possibly still coming… What does this mean for aircraft lessors?

5 June 2019

We still do not know whether there will be a deal or not.  If there is a “no deal Brexit”, English judgments will no longer be automatically recognised and enforced in other EU countries.

Read more

Liability for an Overseas Subsidiary – Supreme Court Allows case to Proceed to Trial

16 May 2019

On 10 April 2019 the Supreme Court handed down its judgment upholding the Court of Appeal ruling that 1,826 Zambian citizens can bring a group action against UK-based Vedanta and its Zambian subsidiary Konkola Copper Mines plc (KCM) in the UK courts.

Read more

Funders, don’t bank on the ‘Arkin Cap’

16 May 2019

Last month, Snowden J handed down judgment in the case of Davey v Money & Others [2019] . The judgment provides a timely reminder to funders of the discretionary nature of the ‘Arkin cap’ and ought to give funders pause for thought as to how they further protect their investments.

Read more

Adjudication: Fraud unravels all

16 May 2019

The procedure for enforcing adjudication decisions is designed to be quick and cost effective. In most cases, the Court will enforce adjudication decisions by way of summary judgment unless it can be shown that (i) the adjudicator lacked jurisdiction, and/or (ii) there has been a breach of natural justice.

Read more

A Class Act: Court of Appeal Revitalises Mastercard Claim

16 May 2019

The much anticipated Court of Appeal decision in Walter Hugh Merricks CBE v Mastercard Inc has overturned the Competition Appeal Tribunal’s (CAT) first-instance decision which dismissed the class representatives’ (Walter Merricks) application for a collective proceedings order (CPO).

Read more