Litigation Notes

High Court considers when recast Brussels Regulation continues to apply in transitional cases

The High Court has considered when the rules in the recast Brussels Regulation will continue to apply to English proceedings commenced post-Brexit: Simon …

High Court grants freezing injunction in relation to stolen non-fungible tokens (NFTs)

Adding to the run of recent cases involving fraud or theft of cryptoassets, the High Court has granted an order restraining "persons unknown" from …

Commercial litigation podcast series – Episode 14: General update

High Court finds termination clause requiring written notice posed no bar to implied novation

Courts have new powers to allow remote observation of hearings

From today, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely, under new s.85A of the …

Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC

Supreme Court clarifies test for re-opening judgment before order is sealed

High Court finds identity of those giving instructions to lawyers not protected by litigation privilege

In a recent decision, the High Court has held that a claimant could not claim litigation privilege in respect of the identities of the individuals giving …

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

English court judgment enforced in China for the first time following landmark policy announcement

A court in the People's Republic of China (PRC) has for the first time recognised and enforced an English court judgment in Mainland China. The decision, …

How to navigate the Autonomy judgment: guidance for corporate issuers defending Section 90A / Schedule 10A FSMA shareholder claims

The High Court has handed down its long-awaited judgment in the US$5 billion civil fraud action brought by the Hewlett Packard group in connection with …

High Court orders broad "train of inquiry" (or Model E) disclosure on key issue in dispute

In a recent decision, the High Court has made a rare order for disclosure to be given under Model E of the Disclosure Pilot at PD51U - ie old-fashioned …