Litigation Notes

High Court once again upholds award of third party funding costs in arbitration

The Commercial Court has refused a challenge to an arbitral award brought on the basis of the tribunal’s award of the costs of third party funding 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 confirms buyer entitled to repayment of advance where seller failed to deliver diesel due to force majeure

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 …

Setting aside judgments for fraud: Court of Appeal considers what level of prior knowledge will disentitle the innocent party

The Court of Appeal has allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis …

Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers

In the context of a claim brought by a bank against a valuer, seeking damages in respect of a negligent valuation report for land representing the bank’s …

Managing risk: A disputes perspective (2021)

A litigator's yearbook 2021 (England and Wales)

High Court dismisses fraudulent misrepresentation claim relating to loan notes investment on limitation grounds

The High Court has dismissed a claim by the assignee of an investment fund against a financial advisory firm (and associated parties) for losses arising …

Part 36 offer given effect even though it was not validly served

In a recent decision the High Court has held that a Part 36 offer was valid despite the claimant having failed to serve it in accordance with CPR Part 6: …