Litigation Notes

High Court finds termination clause requiring written notice posed no bar to implied novation

Courts have new powers to allow remote observation of hearings

From today, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely, under new s.85A of the …

Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC

Supreme Court clarifies test for re-opening judgment before order is sealed

High Court finds identity of those giving instructions to lawyers not protected by litigation privilege

In a recent decision, the High Court has held that a claimant could not claim litigation privilege in respect of the identities of the individuals giving …

Freezing orders brought onto the blockchain and service of proceedings via NFTs

English court judgment enforced in China for the first time following landmark policy announcement

A court in the People's Republic of China (PRC) has for the first time recognised and enforced an English court judgment in Mainland China. The decision, …

How to navigate the Autonomy judgment: guidance for corporate issuers defending Section 90A / Schedule 10A FSMA shareholder claims

The High Court has handed down its long-awaited judgment in the US$5 billion civil fraud action brought by the Hewlett Packard group in connection with …

High Court orders broad "train of inquiry" (or Model E) disclosure on key issue in dispute

In a recent decision, the High Court has made a rare order for disclosure to be given under Model E of the Disclosure Pilot at PD51U - ie old-fashioned …

High Court finds onus on non-resident respondent to application for security for costs to provide evidence of location, nature and value of assets

High Court finds tort jurisdictional gateway satisfied in fraud case where only indirect harm suffered in England

The High Court has held that a claim brought by a bank against several shareholders of a company for deceit and unlawful means conspiracy met the …

High Court decision suggests party alleging witness statement fails to comply with PD 57AC must identify specific failures

The latest in a line of High Court decisions considering Practice Direction (PD) 57AC, which applies to trial witness statements signed since April 2021, …