Litigation Notes

Court of Appeal refuses relief from sanctions following breach of unless order to provide security for costs

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 declines to set aside order giving effect to letter of request despite failure to give full and frank disclosure

High Court declines to vary interim payment order despite sanctions concerns

The decision highlights that the courts will not easily allow sanctioned parties to use sanctions as a shield against compliance with court orders.

Hague 2019 Judgments Convention comes into force in UK

Court of Appeal decision shows importance of applying promptly to set aside a default judgment

High Court decision underlines that the English court may refuse to enforce a foreign judgment even if the relevant foreign rules on jurisdiction and service were complied with

Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment

High Court had no jurisdiction over claims under contracts containing English jurisdiction clauses as the defendants were not parties to those contracts as undisclosed principals

High Court orders payment into court pending outcome of arbitration despite potential breach of US sanctions

The decision illustrates the court's approach to making orders to ensure a fair trial in the face of arguments about potential breaches of foreign …

High Court dismisses liquidators' wide-ranging application for documents held by group company and its lawyers "in relation to" company in liquidation

High Court considers contractual remedies for failure to transfer cryptocurrency