Litigation Notes

Rule change to clarify default judgment can't be entered if acknowledgement of service or defence filed before judgment

There have been a number of conflicting first instance decisions on the proper interpretation of CPR 12.3, which sets out the conditions for obtaining …

Recent decision suggests sanctions should only rarely be implied into court rules and orders where not expressly stated

In a recent decision, the Chief Master found that an order requiring a defendant to make any application for strike out by a certain time did not contain …

High Court declines to vary embargo on draft judgment to allow it to be shared with a third party

Court of Appeal confirms second claim an abuse of process after first claim struck out for non-payment of security for costs

In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court's process, where the claim repeated an earlier …

Court of Appeal upholds freezing order preventing party from making payments in the ordinary course of business

The Court of Appeal has dismissed an appeal against the removal of a so-called Angel Bell exception to a post-judgment freezing order, with the effect …

Supreme Court clarifies test for setting aside judgment for fraud

Inadequate explanation, no relief: A reminder of the potential tough consequences of failing to comply with a court order

The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs …

Conflicting first instance decisions on whether default judgment can be granted where acknowledgement of service filed late

In a recent judgment, the High Court rejected an application for default judgment on the basis that the defendant's acknowledgement of service, though …

Court of Appeal confirms appropriate means for challenging judgment allegedly obtained by fraud

The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the …

High Court finds exclusive jurisdiction provisions in recast Brussels Regulation only apply to EU Domiciled defendants

The High Court has held that article 24(5) of the recast Brussels Regulation, which gives exclusive jurisdiction to the court where a judgment is to be …

High Court finds strike out of response to unfair prejudice petition does not automatically entitle petitioner to relief

In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company's affairs can …

Second action allowed to proceed where earlier action struck out for breach of unless order

In a recent decision, the High Court has considered the proper approach to be taken in a second action where a previous action bringing the same claim …