Litigation Notes

High Court orders delivery up of stolen Bitcoin against crypto exchange

The High Court held, on an uncontested summary judgment application, that the crypto exchange controlling the wallet into which the claimant's stolen …

Application for third party disclosure can be served abroad where the documents are within the jurisdiction

The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales, in …

Freezing orders brought onto the blockchain and service of proceedings via NFTs

Court of Appeal decision highlights dangers of filing claim form electronically on final day for service

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 …

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 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

High Court refuses to validate defective service where claim form sent to wrong email address

The High Court has held that there was no good reason to validate service retrospectively, or extend time for service, where the claimant's solicitors …

High Court finds proceedings properly served on process agent appointed by lender under credit agreement

In a recent decision, the High Court confirmed that proceedings had been properly served on a borrower where it had failed to comply with its contractual …

Court of Appeal gives wide interpretation to “damage” for the purposes of the common law jurisdictional gateway for tort claims

The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort …

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 …

A no-deal Brexit: The implications for disputes