Litigation Notes

Court of Appeal decision on committal for contempt of court

A recent Court of Appeal decision confirms a number of points relating to applications to commit a party for contempt of court, including: Costs …

Asymmetric jurisdiction clauses: High Court enforces exclusive element of clause by anti-suit and anti-enforcement injunctions

The High Court has allowed a bank's application for a final anti-suit injunction (ASI) and anti-enforcement injunction (AEI), aimed at restraining …

Former directors of BHS liable for wrongful trading and misfeasance

The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution

Litigation developments: England and Wales – Quarterly update

Court of Appeal finds payment obligations under letters of credit suspended by UK Russian sanctions regime

The Court of Appeal has held that the UK sanctions regime excused a bank from making payment under various letters of credit issued in connection with …

Experts' joint statements: the consequences of parties interfering in the process

High Court confirms actual ownership of funds must be established before offence can be made out under Russian sanctions prohibitions

The High Court has considered whether a "reasonable cause to suspect" is sufficient, on its own, to establish an offence under Regulation 11 of …

High Court grants summary judgment instead of default judgment to aid enforcement abroad

In a recent decision, the High Court granted summary judgment in favour of a bank on its debt claim under a credit agreement, in circumstances where the …

Without prejudice rule: High Court considers the estoppel exception

Offers to mediate: It is not the offeror's responsibility to chase a response

The Court of Appeal has overturned a trial judge's refusal to impose costs sanctions on a party who failed to respond to an offer to mediate, where …

Exclusion clauses: High Court refuses summary judgment where UCTA "reasonableness" in issue