Litigation Notes

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 finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassets

The High Court has held that cryptoasset systems and software developers did not owe a duty to cryptoasset owners to permit or enable access to the …

High Court finds defendant submitted to the jurisdiction by applying for extension of time to serve defence

The High Court has held that a defendant submitted to the jurisdiction of the English court by applying for an extension of time for service of a …

Court of Appeal gives guidance on jurisdiction rules in libel claims

The Court of Appeal has clarified how section 9 of the Defamation Act 2013 should be interpreted, finding that the requirement it introduced for the …

High Court finds submission to jurisdiction no bar to staying English proceedings in favour of Thai proceedings following change in circumstances

High Court finds defendant did not submit to jurisdiction where it sought to have summary judgment application determined before stay application

The High Court has held that a defendant did not submit to the court's jurisdiction despite seeking to have its (conditional) summary judgment …

Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect

The High Court has interpreted a jurisdiction clause in an excess liability insurance policy as granting exclusive jurisdiction to the English courts, …

Supreme Court confirms wide interpretation of "damage" for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

High Court finds defendant did not submit to the jurisdiction by applying for strike out at the same time as challenging jurisdiction

The High Court has rejected an argument that a defendant submitted to the jurisdiction by applying to strike out the claim against him at the same time …

High Court refuses to stay proceedings against English domiciled defendant in light of pending Ukrainian insolvency proceedings

The High Court has rejected a challenge to its jurisdiction brought by a defendant who was found to be domiciled in England, and who was also a party to …

High Court rejects jurisdiction challenge on the basis that claim regarding contractual obligation to provide information did not derive from French insolvency proceedings

The High Court has ruled that a claim for a declaration regarding a borrower's obligations to provide information under a facility agreement was not …

High Court finds common law "necessary or proper party" gateway for service out of the jurisdiction does not apply when the anchor defendant has voluntarily submitted to the court's jurisdiction