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CJEU decision demonstrates high hurdle for resisting recognition or enforcement of EU member state judgment on grounds of public policy
The difficulties of trying to resist recognition of a judgment from another EU member state court on the basis that it is manifestly contrary to public …
Court of Appeal considers incorporation of terms from framework agreements
Framework agreements are commonly used to facilitate similar transactions on consistent terms. In a recent decision, the Court of Appeal considered the …
Privy Council confirms availability of backward tracing
"Happy is he who can trace effects to their causes", Virgil observed. Well, victims of fraud will certainly be happy with the Privy Council's decision in …
High Court provides guidance on "serious harm" requirement under Defamation Act 2013 and on procedural management of defamation claims
The Defamation Act 2013 introduced a statutory seriousness threshold that must be crossed before a statement can give rise to a claim: "[a] …
New "gateways" for serving proceedings on defendants out of the jurisdiction at common law
The circumstances in which English proceedings can be served on non-EU domiciled defendants who have no presence in England and Wales will be expanded …
New specialist Financial List and pilot of Financial Markets Test Case Scheme
A new specialist Financial List is to be introduced in the High Court from 1 October. It will deal with financial markets claims …
New pilots of streamlined procedures for claims in the main business courts
Two pilot schemes, the Shorter Trials Scheme and the Flexible Trials Scheme, will be introduced for claims commenced from 1 October and will …
Court of Appeal grants anti-suit injunction restraining US proceedings brought against employee by US parent company under exclusive US jurisdiction agreement
The Court of Appeal has given a wide interpretation to the meaning of 'employer' in the recast Brussels Regulation (No 1215/2012), holding that a company …
Contractual damages: Supreme Court confirms overriding compensatory principle in case of one-off sale
In a recent judgment, the Supreme Court has confirmed that the overriding compensatory principle applies in the case of an anticipatory breach …
Double derivative actions: challenging wrongs done to subsidiary companies
A recent High Court decision provides a useful reminder that the common law "double derivative" action remains available. This gives minority …
Court of Appeal clarifies approach to ordering rescission for misrepresentation
Where a party has entered into a contract as a result of a misrepresentation, the question often arises as to whether it can unwind, or "rescind", the …
Another round of massive court fee hikes proposed
Less than four months after the last round of fee increases for civil claims (see post), the government has today opened a consultation on …
Showing 1,320 out of 1,863 results
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