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Showing 60 out of 63 results
Court of Appeal clarifies test for setting aside judgment for fraud
The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v …
Two Court of Appeal decisions show continuing tough approach to procedural failings
In case we were all in danger of thinking the courts' approach to breaches of rules and court orders had relaxed nearly to pre-Jackson levels of …
No implied obligation on company's controller personally to ensure company's compliance with its contractual obligations
The Commercial Court has held that a shareholders' agreement did not contain an implied term which would have rendered the company's controller …
Commercial Court bypasses Mitchell in treating service of particulars as valid despite errors of procedure
In what may be seen as a surprising decision, the Commercial Court has treated service of particulars of claim on the defendant's lawyer by e-mail …
Court of Appeal reinforces principle of finality in litigation
The Court of Appeal has held that a civil recovery order and property freezing order made against the respondent's property, including overseas …
High Court decision warns of strict post-Jackson approach to case management
The High Court has emphasised that recent amendments to the Civil Procedure Rules (CPR) require the court to pay close attention to …
UK Supreme Court: court can change decision without "exceptional circumstances"
In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that …
Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in …
Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The High Court has held that the regime for compelling evidence, as distinguished from information, for use outside of the jurisdiction is exclusively …
Power to strike out exaggerated claim will rarely be exercised
The Supreme Court has ruled that the court has power to strike out a dishonestly exaggerated claim as an abuse of process at any stage of the …
Party in breach of "unless" order due to strict application of deemed service provisions
The High Court has held that a party was in breach of an "unless" order requiring service of a disclosure list by a particular date, despite the …
Tougher approach to compliance
The Civil Procedure Rule Committee has approved the wording of an amendment which seeks to implement Lord Justice Jackson’s recommendations that the …
Showing 60 out of 63 results
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
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Knowledge Counsel, London
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