Litigation Notes

Article published - Draft judgments: navigating the embargo

Supreme Court confirms UK government’s recognition of President of Venezuela, leaving Commercial Court to determine who is authorised to give instructions on behalf of Venezuelan Central Bank

Following an ongoing dispute between two competing Boards of the Central Bank of Venezuela (BCV), both claiming to be appointed by the recognised …

Setting aside judgments for fraud: Court of Appeal considers what level of prior knowledge will disentitle the innocent party

The Court of Appeal has allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis …

High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment

Court of Appeal confirms approach to setting aside judgment where fresh evidence adduced after trial

The Court of Appeal has refused to remit a question of fraud to be heard by the lower court, where a party alleged that fresh evidence obtained after …

Default judgment set aside where claim served at closed offices during Covid-19 lockdown

The High Court has set aside default judgment obtained against a defendant Council where the claim form and particulars were posted to its offices …

Rule change to clarify default judgment can't be entered if acknowledgement of service or defence filed before judgment

There have been a number of conflicting first instance decisions on the proper interpretation of CPR 12.3, which sets out the conditions for obtaining …

Recent decision suggests sanctions should only rarely be implied into court rules and orders where not expressly stated

In a recent decision, the Chief Master found that an order requiring a defendant to make any application for strike out by a certain time did not contain …

High Court declines to vary embargo on draft judgment to allow it to be shared with a third party

Court of Appeal confirms second claim an abuse of process after first claim struck out for non-payment of security for costs

In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court's process, where the claim repeated an earlier …

Court of Appeal upholds freezing order preventing party from making payments in the ordinary course of business

The Court of Appeal has dismissed an appeal against the removal of a so-called Angel Bell exception to a post-judgment freezing order, with the effect …

Supreme Court clarifies test for setting aside judgment for fraud