Litigation Notes

High Court finds claim brought by director under Contracts (Third Party Rights) Act 1999 to enforce an SPA warranty could be served out of the jurisdiction without the court's permission

High Court interprets rules allowing service out of the jurisdiction without the court's permission based on a contractual jurisdiction clause

High Court finds English court has exclusive jurisdiction in ISDA swaps case

The decision clarifies the interpretation post-Brexit of the standard jurisdiction clause contained in the 1992 ISDA Master Agreement.

Court of Appeal confirms court has no jurisdiction despite English jurisdiction clauses as defendants were not parties to relevant contracts as undisclosed principals

Hague 2019 Judgments Convention comes into force in UK

Commercial litigation podcast series – Episode 31: General update

Asymmetric jurisdiction clauses: when will they be effective?

High Court grants banks' request to revoke final anti-suit injunctions in their favour but refuses to revoke declarations on jurisdiction

Court of Appeal decision shows possibility of parallel proceedings inherent in asymmetric jurisdiction clauses

High Court declines to extend time for defendant to challenge court's jurisdiction, despite claim form having been served out of time

High Court allows case to proceed against defendant companies domiciled in England despite claims having more real and substantial connection with Brazil

High Court finds it had no power to order a former director of a corporate judgment debtor to be re-examined about the company's assets

A fresh order for examination couldn't be made as CPR 71.2 applies only to current officers who are within the jurisdiction, and the order sought was not …