Litigation Notes

Commercial litigation podcast series – Episode 36: General update

Court of Appeal finds English courts lack jurisdiction over sanctioned individual who is not permitted to enter the UK

Commercial litigation podcast series – Episode 34: General update

Court of Appeal confirms defendant not required to take any steps in proceedings unless claim form validly served in time

High Court finds claim brought by director under Contracts (Third Party Rights) Act 1999 to enforce an SPA warranty could be served out of the jurisdiction without the court's permission

High Court sets aside default judgments entered against guarantors under a facility agreement on the basis that service of the claim was not valid

The court found that a clause in the facility agreement which allowed the lender to appoint a replacement service of process agent was an unfair contract …

High Court interprets rules allowing service out of the jurisdiction without the court's permission based on a contractual jurisdiction clause

Commercial litigation podcast series – Episode 31: General update

High Court declines to extend time for defendant to challenge court's jurisdiction, despite claim form having been served out of time

Jurisdiction clauses: High Court finds English courts have exclusive jurisdiction under bespoke ISDA clause

The decision illustrates the court's approach where there are questions as to the validity and interpretation of a jurisdiction clause.

Procedure for challenging jurisdiction includes challenges based on validity of service, not just international jurisdiction

The High Court has held that a defendant who wished to argue that proceedings had not been served in time, because orders extending time for service of …

Supply chain risk: England not appropriate forum for ESG-related claims against Dyson relating to actions of Malaysian manufacturer