High Court: Commercial Court judgments, 2023

Leave to appeal against the setting aside of arbitral awards under section 68 of the Arbitration Act 1996 was refused. The proposed grounds had no real…

Default judgment is irregularly entered where an acknowledgment of service giving notice of an intention to defend has been filed before the judgment is…

Where multiple concurrent or cumulative wrongs contribute to an overall financial loss, factual causation need not be established by applying the “but for”…

Summary judgment may be granted on declaratory issues where the defendant has no realistic prospect of showing that the underlying facts or matters are wrong…

A contractual payment obligation defined by reference to a business plan does not continue by reference to the previous year where no new business plan has…

Where commercial parties refer a dispute to a referee or expert, the court may construe the contractual limits of that decision-maker’s authority. It may…

To obtain a freezing order, an applicant must show a good arguable case, an objectively assessed real risk that a future judgment will be defeated by…

An anti-suit injunction may enforce an arbitration agreement where foreign proceedings seek to enforce security for a disputed debt covered by that agreement.…

Service of process on a foreign State may be effected in an alternative manner agreed by that State under State Immunity Act 1978, section 12(6). The agreement…

A cargo claimant may recover under a bill of lading notwithstanding compensation received from its contractual seller. Such recovery does not ordinarily…

Leave to appeal under section 69(8) of the Arbitration Act 1996 requires a point of general importance and a real prospect of success, assessed after the…

Permission to serve proceedings out of the jurisdiction requires a serious issue to be tried, a good arguable case that a jurisdictional gateway applies, and a…

Under Article 15(2) of the Hague Service Convention, the court may enter judgment where the document was transmitted by a Convention method, an adequate period…

A later contract can replace earlier forum-selection and governing-law clauses where the parties’ objective common intention, assessed in context, supports…

A breach preventing satisfaction of a condition precedent does not generally cause the condition to be fictionally fulfilled under English law. The court may…

Applicants seeking a without-notice freezing order must give full and frank disclosure of matters that might realistically be relied on against the…

Cryptocurrency tokens may constitute property capable of being held on constructive trust and traced in equity. On a summary judgment application, the court…

Under CPR 7.6, an extension of time to serve a claim form is a discretionary departure from the defendant’s entitlement to service within the initial validity…

A Norwich Pharmacal application involving a jurisdictional element requires more than the conventional conditions. The applicant must identify a legitimate…

A contractual provision stating that an agreement is subject to the jurisdiction of the courts of a named country may confer exclusive jurisdiction, even…

A penal notice attached to an injunction against a corporate defendant should identify directors and officers who may face contempt proceedings for the…

Contractual arbitration clauses incorporated by express reference remain effective according to their terms, even where the underlying transaction is…

On an application for a freezing or notification injunction, a good arguable case is one that is more than barely capable of serious argument; it need not have…

Professional advisers are not negligent merely because advice later proves unsuccessful. The court assesses the advice in light of the information available…

An anti-suit injunction is appropriate where a party pursues foreign proceedings in breach of a valid and effective arbitration agreement, without any…

Where the same-interest requirement for representative proceedings is satisfied, the court retains a discretion whether the claim should continue under CPR…

A debarring order preventing a defendant from defending proceedings does not necessarily prevent every form of participation before trial. The question is…

An anti-suit injunction may be granted under Senior Courts Act 1981, section 37, to restrain proceedings brought in breach of an exclusive jurisdiction or…

Additional disclosure should be ordered only where it is shown to be necessary for a fair trial and reasonable and proportionate in the circumstances.…

A Norwich Pharmacal order is an exceptional equitable remedy, available only where disclosure is necessary to identify or pursue an ultimate wrongdoer. The…

Where the parties have prepared and tried the factual issues relevant to a monetary outcome, the court may grant appropriate relief even if the pleadings did…

A written joint venture agreement is construed objectively from its language, read as a whole and in its commercial context. Where the agreement appointed a…

A claimant must identify a viable cause of action and plead the essential facts supporting it. An untrue statement made to a third party does not ordinarily…

A broker must use reasonable skill and care to understand the client’s business and insurance needs, recommend cover that reasonably matches identified risks…

An undefended claim may be tried on witness statements and documents, but the claimant must still prove the case on the balance of probabilities. Fraud…

Where a claimant company cannot pay an adverse costs order, the defendant has a prima facie entitlement to security. The court must then consider whether…

Article IV rule 2(a) of the Hague Rules, or the equivalent provision in US COGSA, does not create an automatic defence whenever a charterer’s employment order…

In a stakeholder application, the court may determine competing claims on written evidence where no party seeks an oral hearing and an oral process would be…

An application to set aside an order made in the absence of a party under Civil Procedure Rules 1998, rule 39.3, requires prompt action, a good reason for…

A contract for difference must be construed objectively, having regard to its language, the agreement as a whole, the admissible factual matrix and commercial…

Contractual interpretation is a unitary exercise. The court must read the agreement as a whole, in its documentary and commercial context, and test competing…

For an accrued debt, a force majeure clause covering hindrance may excuse performance only where the contractual obligation itself is materially difficult, not…

Summary judgment or strike out is appropriate where the claim has no realistic prospect of success. The court must avoid a mini-trial and consider whether…

An anti-suit injunction will ordinarily be granted where the court is satisfied to a high degree of probability that an English-seated arbitration agreement…

A contractual compulsory-transfer mechanism operates on the occurrence of the specified trigger event, not merely on one shareholder’s honest belief that the…

Where there is clear reason to believe that a claimant will be unable to meet a possible adverse costs order, the gateway for security for costs is satisfied.…

An alleged oral loan may be enforceable under Saudi law; writing is generally recommended rather than a mandatory condition of validity. Agency likewise need…

Words providing for incorporation of the York-Antwerp Rules 1994 “or any subsequent modification thereof” are capable of incorporating later versions of the…

For a freezing injunction in a fraud claim, the claimant must establish a good arguable case, a real risk of unjustified dissipation supported by solid…

Permission to bring private committal proceedings for knowingly false statements requires a strong prima facie case that the statement was false and knowingly…

In assessing costs arising from an amended summary judgment application, the court may take account of the parties’ conduct, the proportionality of the work…

The court may grant an anti-suit injunction where a foreign claim is brought in breach of an arbitration agreement, provided the applicant establishes to a…

Claims under section 32 of the Limitation Act 1980 are postponed only until the claimant discovers, or could with reasonable diligence discover, enough facts…

Fortification of a cross-undertaking in damages requires the applicant to show a good arguable case that the injunction has caused, or will cause, loss and…

A court should not use an interim remedy to secure payment of an unadjudicated debt where the requirements for an interim payment or freezing injunction are…

On an application for security for costs based on alleged impecuniosity or illiquidity, the court must assess the totality of the evidence and the overall…

Permission to appeal requires a real prospect of success or some other compelling reason. A point may be novel without being genuinely arguable, particularly…

A foreign judgment may give rise to an issue estoppel against a state. The State Immunity Act 1978 does not disapply ordinary common-law rules of preclusion…

A jurisdiction clause covering disputes arising from investment agreements does not ordinarily extend to tortious claims against individuals for pre-contract…

Regulation 29 of the Package Travel and Linked Travel Arrangements Regulations 2018 confers a statutory right of redress on an organiser against a third party…

An insurance policy must be construed as a whole, giving primary weight to the language used while considering its documentary, factual and commercial context.…

A framework agreement between a bank and one entity within an international law firm does not, without clear wording or authority, bind every related entity or…

Permission to amend pleadings should be granted where the proposed amendment has a real prospect of success, carries sufficient conviction in law and fact, and…

Freezing and notification injunctions require three cumulative inquiries: a good arguable case, a real risk that judgment will go unsatisfied through…

Permission to amend should be granted where the proposed case has a real, rather than fanciful, prospect of success and refusal would cause greater injustice.…

An application under section 68(2)(g) of the Arbitration Act 1996 focuses on the award and the arbitral process by which it was obtained, not merely on whether…

Where a contractual rent-deferral arrangement remains valid only while no continuing event of default exists, the deferral does not end automatically on the…

A proprietary injunction in support of arbitration may preserve the whole fund subject to a trust where there is a serious issue to be tried as to the trust’s…

In construing a detailed commercial agreement, specific provisions addressing a particular situation take precedence over general service obligations.…

The court construed a consent order according to its substance and context. A provision making no order as to costs of a discontinued application also covered…

A contractual term is implied only where it is necessary to give business efficacy to the contract or so obvious that it goes without saying. An interim…

For the consumer jurisdiction gateway, a claimant must show a good arguable case that the contract is a consumer contract within the statutory regime. The…

Under Civil Procedure Rules 1998, Part 13.3, a regularly obtained default judgment may be set aside where the defendant shows a realistic prospect of…

A suspended committal order is a penal order and must be clear, unequivocal and strictly construed. Where its terms suspend imprisonment for a fixed period…

Case management should be based on the issues actually raised by the pleadings. Differences between the parties’ expert formulations of foreign law do not…

Section 12(1) of the State Immunity Act 1978 requires diplomatic service of the document which first asserts the court’s jurisdiction over a state and brings…

A contractual right to terminate for a brand’s loss of reputation must be construed in its contractual and commercial context. Where the clause refers to a…

Under Civil Procedure Rules 1998, r 39.3, the court may proceed with a trial in a party’s absence where doing so is consistent with the overriding objective.…

Permission for a company representative to address the High Court is exceptional. The court must balance the need to do justice in the individual case against…

An application to adjourn a fixed trial must be decided by reference to the overriding objective and whether proceeding would be fair in all the circumstances.…

The court upheld public interest immunity redactions where disclosure created a real risk of substantial harm and the public interest in withholding inspection…

Under Arbitration Act 1996, the court may grant an interim mandatory injunction under section 44(3) to preserve an asset, including a disputed contractual…

A partial arbitral award which finally determines substantive issues is an “award” for the purposes of Arbitration Act 1996, even if the precise relief and…

A judgment entered under section 66 of the Arbitration Act 1996 may be a relevant domestic judgment for Article 34(3) purposes, even though the underlying…

The court may hear a contempt application in a respondent’s absence where, having considered service, notice, reasons for non-attendance, likely attendance…

An evidential presumption that foreign law is materially similar to English law is distinct from the default rule permitting the court to apply English law…

Where a party brings foreign proceedings in breach of a valid exclusive English jurisdiction agreement, the English court will ordinarily grant an anti-suit…

Where a hearing is adjourned at the last minute because the parties failed to identify an inadequate time estimate and one party also caused procedural…

A Norwich Pharmacal order is an exceptional discretionary remedy. The applicant must show arguable wrongdoing, necessity for disclosure to obtain legitimate…

Contractual standard terms are incorporated only where the party to be bound receives reasonably sufficient notice before or when the contract is concluded. A…

Where an arbitration agreement forms part of a contract and its governing law is unspecified, the contractual choice of law will generally apply to the…

A foreign judgment remains capable of recognition and enforcement in England if it is final and conclusive in its jurisdiction of origin. Local legislation or…

An application to set aside a regular default judgment under CPR 13.3 requires the court first to consider the express requirements of that rule, including…

Fraudulent misrepresentation requires proof that a false representation was made knowingly, without belief in its truth, or recklessly as to whether it was…

Failure to comply with disclosure obligations may justify striking out a defence where there is a substantial risk that a fair trial cannot take place. Strike…

A mortgagee may exercise a power of sale whenever it chooses, even if waiting might produce a higher price. Its equitable duty is to take reasonable care to…

A carrier’s Hague Rules liability ordinarily ends when the goods are discharged, unless the contract provides otherwise. The expressions “discharge” and…

Service of proceedings abroad must comply with the law of the country of service. Where that law requires service through its judicial authorities, direct…

Permission for a witness to give evidence by video link under CPR 32.3 requires a good reason serving a legitimate aim. Convenience, efficiency and cost…

An interim anti-suit injunction may be granted to restrain foreign proceedings brought in breach of an arbitration agreement governed by English law where the…

Where an order is silent on costs, the general rule is that no party is entitled to costs. That rule does not remove the court’s residual discretion to make an…

An English court’s power to restrain foreign proceedings brought in breach of an arbitration agreement arises under [1981 c. 54] section 37(1), rather than…

Pre-action disclosure under CPR 31.16 requires a two-stage analysis. The applicant must first establish the jurisdictional conditions, including a real…

In a loss-of-opportunity claim, the claimant must establish a real or substantial chance, rather than a merely speculative possibility. The chance must also…

Whether a contractual obligation is subject to a condition precedent depends on construction of the agreement. The triggering event and circumstances must be…

Where parties have contractually agreed when and on what basis interest is recoverable, the court will ordinarily give effect to that agreement when exercising…

The court holds that a coordinated scheme to strip REC/WEH assets and place them beyond the reach of the claimant creditors constituted an unlawful act under…

A statement of case must identify a coherent cause of action, the breaches relied upon, causation and properly particularised loss. Evidence cannot substitute…

A personal guarantor may be a consumer under the Consumer Rights Act 2015 even where the guarantee supports a company in which the guarantor holds shares. The…

A state which agrees to LCIA arbitration engages the supervisory and ancillary jurisdiction conferred on the English court by the Arbitration Act 1996. A…

Clear contractual language governs. Commercial common sense may assist only where the wording has more than one possible meaning. A court should not construct…

An insurance policy may provide cover to a company which is not the contracting policyholder. Construction is objective and requires consideration of the…

On an application to disallow a pre-service amendment under CPR r.17.2, the court must consider both whether the defendant has a reasonably arguable limitation…

A default judgment is not a judgment on the merits. Where the claim includes non-monetary relief, the court must nevertheless consider whether the claimant is…

On a return date for interim injunctions, the court may continue the injunctions while allowing a respondent a defined period to seek discharge without proving…

On an application to discharge a committal order, the court may consider all the circumstances and vary the sanction where the contemnor has purged the…

On an application to serve a foreign defendant out of the jurisdiction, the claimant must establish a good arguable case under at least one jurisdictional…

A liability insurer may be liable for sums paid under a settlement without the insurer’s consent where the payment is properly characterised as compensatory…

A challenge to an arbitral award under Arbitration Act 1996, s.68 requires both a specified serious irregularity and substantial injustice. The provision is…

A contractual right may accrue before the date on which payment becomes due. Termination does not generally divest a right which has already been…

For summary judgment, a claim has a realistic prospect of success where it carries some degree of conviction and is more than merely arguable. The court may…

On a summary judgment application, the court may decide that a defence previously found arguable on an interlocutory application has no real prospect of…

For Rome II purposes, the applicable law for a tort is generally the law of the country where the original damage directly occurred. The inquiry is autonomous…

Recognition or enforcement of a New York Convention award may be refused where enforcement would contravene UK public policy protecting consumers. The court…

When assessing costs summarily after related applications, the court may adopt a broad-brush approach rather than undertake a detailed assessment. The court…

An insurance policy is construed objectively according to its natural and ordinary meaning, read in context. A standard-form cancellation clause covering…

Under Arbitration Act 1996, s 70(6), security for costs may be ordered where the applicant’s assets are not readily available to satisfy a costs order. A…

For summary judgment, a defence must have a realistic prospect of success. The court may decide a short legal issue where the evidence is sufficient, but…

A charterparty clause requiring underwater cleaning to be carried out at charterers’ time and expense can require compensation at the charterparty hire rate…

A course of dealing may incorporate standard contractual terms where the parties have used the same or substantially similar document consistently, the terms…

Strike-out or debarring orders for disclosure failures are sanctions of last resort. The court must impose the sanction that is just and proportionate, having…

An option may be transferred by novation inferred from conduct where that inference is necessary to provide a lawful basis for the parties’ dealings. Written…

An anti-suit injunction may protect an employee’s statutory entitlement under Civil Jurisdiction and Judgments Act 1982 section 15 C to be sued only in the…

A novation replaces an existing contract with a new contract. It requires the consent of all relevant parties, which may be express or inferred from conduct.…

Interest on costs ordered to be assessed becomes due for the purposes of section 24(2) of the Limitation Act 1980 on the date of the costs order and accrues…

A warranty concerning a material adverse change must be construed according to its language, the contract as a whole, its commercial purpose and the…

An insurance policy must be construed objectively, giving effect to an express contractual definition unless the wording provides a proper basis for departure.…

Article 31.2 of the CMR Convention prevents new proceedings in another competent contracting state where the first court has determined the parties’ rights…

A contractual expert must determine the issues referred under the parties’ agreed machinery by applying the contractual standard and exercising the judgment…

A claimant’s very high Part 36 offer is not necessarily a genuine attempt to settle merely because it includes a discount or waives interest. The question is…

A clearly drafted net lease clause making payment obligations absolute and unconditional, and providing that they are not altered by any defence or set-off…

Business interruption cover for disease occurring at insured premises is not subject to a different causation test from disease cover defined by a geographical…

On a summary judgment application, the court may decide a short point of construction where it has the evidence necessary to determine the issue, but must not…

The without prejudice rule protects communications forming part of a genuine attempt to compromise a reasonably identifiable dispute between the parties. The…

Permission to enforce an arbitral award as a judgment may properly be combined with an order requiring disclosure of assets where the disclosure order provides…

Under the Arbitration Act 1996, section 18 relief requires a failure of the appointment procedure. The procedure must first have been validly invoked.…

A court may proceed in a defendant State’s absence where reasonable steps have given it sufficient notice, there is no realistic prospect that an adjournment…

For the purposes of CPR 36.17(4)(a)

Post-judgment interest is governed by the compensatory principle. The court should assess the appropriate rate in the post-judgment context and should not…

Where a claimant has beaten a Part 36 offer, the court must consider all the circumstances when deciding whether the enhanced consequences would be unjust. The…

Under Civil Procedure Rules 1998, r 36.17(4)(a), enhanced interest following rejection of a Part 36 offer compensates the successful claimant for non-financial…

When making a proportionate costs order, the court should identify costs attributable to individual issues and costs common to several issues. The overall…

In complex litigation, the court may direct that representative sample transactions determine issues at trial where the pleaded trading models and selection…

A contractual provision stating that unpaid interest shall itself bear interest may provide for compound interest even where the claim does not separately…

Equitable set-off does not generally prevent enforcement of an immediately enforceable costs order merely because the party liable to pay has a separate…

A broadly worded contractual indemnity may cover liabilities arising from negligent mis-selling, regulatory complaints and reasonable settlements even without…

A stay of execution is exceptional. The applicant must establish solid grounds, after which the court balances the risks of injustice, with primary attention…

In Business and Property Courts proceedings governed by Practice Direction 57AD, an application for additional specific disclosure must proceed under paragraph…

Under CPR3.15A, a costs budget may be varied where a significant development in the litigation warrants revision and the application is made promptly. A…

The court has jurisdiction under its procedural costs powers to determine contributions between parties subject to a joint and several costs order, including…

Appropriateness under COBS is generally assessed once, when the client begins the relevant investment service. The firm may rely on information supplied by the…

A court should not reopen, on an application to stay execution, rights and issues conclusively determined by extant court orders. A party remains bound by…

An unsuccessful allegation of fraud or dishonesty is a factor capable of supporting indemnity costs, but it creates neither an automatic entitlement nor a…

Contractual insurance limits must be construed objectively, by considering the wording in its immediate and wider contractual context. Commercial common sense…

An express charterparty indemnity covering arrest or detention may extend to detention of a vessel caused by the arrest of property on board it. The relevant…

For security for costs under CPR rule 25.13, the applicant must show, on evidence, a justified reason to believe that the claimant company will be unable to…

A representation of present intention may continue where the circumstances reasonably indicate that it represents the representor’s current intention. If the…

Recognition of an authentic ICSID award under the Arbitration (International Investment Disputes) Act 1966 is ordinarily confined to registration and does not…

Sub-participation is not a term of art with fixed legal consequences. The court must construe the parties’ agreement and determine the rights and duties it…

A construction all-risks policy responds only to physical loss or damage occurring within its defined period of insurance, although the cost of investigating…

A tribunal may determine whether a party retained a contractual status which defines the scope of an arbitration agreement, even where the party argues that it…

In a fraudulent misrepresentation claim, damages are assessed by determining the claimant’s actual loss, rather than by abstract appeals to fairness or the…

An acceleration clause in a commercial lease may make future rent immediately due following an event of default, even where the drafting is inelegant. The…

On a section 69 appeal, an arbitral tribunal must apply the orthodox contractual remoteness test. It must identify the general type or kind of loss claimed and…

In determining whether a judgment arising from confidential arbitration should be anonymised, the court must balance the parties’ expectations of privacy…

On applications to stay claims served within the jurisdiction and to set aside service out, the court applies the Spiliada principles. In multi-defendant…

In assessing disputed evidence, particularly in a commercial fraud or confidence claim, the court should test recollections against contemporaneous documents…

A foreign judgment will not be refused enforcement for breach of natural justice merely because the foreign court relied on a procedural irregularity or…

Where an interim injunction is refused on discretionary grounds, rather than because the underlying claim is ill-founded, the appropriate order will ordinarily…

On an application to increase security for costs, the court must determine an amount that is just and fair in all the circumstances. The assessment is…

A claimant seeking judgment at a hearing which the defendant does not attend must still present the case fairly and draw material points potentially assisting…

A franchise agreement may confer exclusivity even without express words to that effect, when the agreement read as a whole shows that exclusivity forms part of…

A set-off does not extinguish a debt unless the parties agree that it has that effect, or a judgment or arbitral award determines that the cross-claims are to…

An unless order is a final form of procedural control and should be made only as a last resort. The court must identify the purpose of the order and be…

Section 44 of the Sanctions and Anti Money-Laundering Act 2018 requires proof of both a subjective belief that payment was prohibited and the objective…

Foreign criminal or secrecy rules do not automatically excuse a party from English disclosure. The court must assess whether compliance creates a real risk of…

In assessing success on an interlocutory application, the court should identify the party who obtained the substantial relief sought, rather than count the…

Under Civil Procedure Rules 1998, Part 17.1(2), permission to amend requires consideration of prospects of success, the overriding objective, prejudice, and…

Under paragraph 21 of PD57AD, a reference to a missing document does not require production of a different document said to contain identical terms. An…

When assessing costs, the court may allow the hours reasonably claimed but restrict recovery to applicable Guideline Hourly Rates. A substantially higher rate…

In disclosure proceedings, practical control of documents may arise from the established practice by which officials or office-holders use personal accounts or…

On a summary judgment application, a defence must have a realistic prospect of success and carry some degree of conviction. Bare assertions, unsupported…

An application under section 67 of the Arbitration Act 1996 is a rehearing de novo. A court must identify the parties’ objective agreement from the whole…

An English jurisdiction clause covering proceedings relating to an agreement may extend to disputes concerning a later settlement agreement where those…

An arbitration award will be challenged for serious irregularity under section 68 of the Arbitration Act 1996 only where the tribunal has failed to comply with…

Section 73 of the Arbitration Act 1996 may apply throughout a bifurcated arbitration, including after a partial award where issues remain to be determined. A…

Service of proceedings on a foreign state under section 12(1) of the State Immunity Act 1978 is effected when the document reaches the state’s Ministry of…

A factual witness who possesses relevant expertise may give factual evidence and express opinions reasonably related to facts within the witness’s knowledge or…

Summary judgment may be given where the respondent has no realistic prospect of successfully defending the claim and there is no other compelling reason for a…

For service under CPR rule 6.9(2), a defendant’s ‘last known residence’ may be a former residence and may coexist with other residences. The claimant’s actual…

In contempt proceedings based on undertakings to the court, the applicant must prove every essential element beyond reasonable doubt. The alleged breach must…

Contractual construction is a unitary and iterative exercise. The court must read the disputed wording in the context of the contract as a whole, test rival…

Contractual prior consent to an assignment need not take a formal form unless the contract requires one. Consent may be given conditionally, with the condition…

A claim form must contain sufficient factual detail to identify the nature of the claim and the remedy sought. A bare statement of breach of contract or…

For a dishonesty exclusion in a compulsory solicitors’ professional indemnity policy, “condone” bears its ordinary meaning of acceptance or approval. It may…

A creditor duty under section 172 of the Companies Act 2006 requires actual insolvency, or potentially imminent insolvency or probable insolvent liquidation or…

In construing a professionally drafted commercial contract, the court must ascertain the objective meaning of the words in their contractual and factual…

For United States dollar awards in the Commercial Court, the default rate of interest should be US Prime. The default applies irrespective of the claimant’s…

On an application to set aside permission to serve proceedings out of the jurisdiction, the claimant need only show a realistic prospect of success. The court…

An order transferring the disclosure exercise to an independent provider is an exceptional and intrusive remedy. It should be made only where proportionate to…

Relief from sanction for late filing of a costs budget depends on the three-stage test in Denton. The court must assess whether the breach was serious or…

Permission to give evidence remotely should be determined by assessing whether remote evidence is likely to assist the efficient, fair and economic disposal of…

Permission to appeal should be refused where the proposed grounds have no realistic prospect of success. “Realistic” means more than fanciful. A challenge to…

A valid Danish withholding-tax refund claim required the applicant to have been a shareholder for tax purposes when the dividend right accrued, the Danish…

Sanctions legislation must be construed purposively, by reference to its statutory context and legislative purpose. A prohibition on providing funds or…

On summary judgment and amendment applications, a claim must have a realistic prospect of success, supported by a coherent and properly particularised case…

A pharmaceutical development agreement may impose continuing obligations extending beyond the manufacture and delivery of initial clinical batches. Where the…

A foreign judgment is enforceable in England if it is final, conclusive, for a definite sum, and given by a court with jurisdiction, subject to the…

The court may impose a sanction under Civil Procedure Rules 1998, CPR 3.1(3)(b), where necessary to secure compliance with a procedural order. The sanction…

For a royalty calculated by reference to contractual “gross income”, revenue ordinarily means the economic inflow actually received. Where a sale is…

On an application for security for costs, the applicant must first establish a CPR 25.13 gateway as a matter of fact, ordinarily on the balance of…

Disclosure duties are governed by reasonableness and proportionality, but those principles do not permit relevant State entities to remain effectively off…

A fee arrangement between a claims management company and solicitors may be enforceable despite regulatory non-disclosure where the illegality consists only of…

Wasted costs proceedings are a summary remedy for clear and comparatively straightforward cases. They must remain fair, simple and proportionate, and should be…

Similar fact evidence is admissible where potentially probative, subject to case-management exclusion. The court balances probative value against additional…

Disclosure of documents held by a third party requires evidence of either a legally enforceable right of access or a standing or continuing practical…

A party cannot reopen, in later proceedings, claims which were within the scope of an earlier directed trial and could then have been advanced. This applies to…

Under Liberian law, the action of damages for wrong remains available for residual tortious claims outside nominate torts. A breach of a Liberian statute may…

Under a contractual break-cost formula, a lessor cannot include a margin that was not payable when termination occurred before delivery. The applicable deposit…

A contractual notification clause is construed according to its wording and commercial purpose. Where notice must state the nature and amount of a claim in…

An assignment of an undisclosed commission is not an unlawful assignment of a bare right to litigate where the commission constitutes property and related…

A term will be implied into a charterparty only where it is necessary to give the contract business efficacy or is so obvious that it goes without saying.…

A settlement agreement may confine liability for storage charges even where the underlying contract would otherwise provide a broader claim. The court…

Where an insurance policy comprises a schedule and a certificate, the documents should be read together only so far as they can be reconciled consistently with…

Where parties agree to arbitration with London as the seat, challenges to an interim or final award fall within the exclusive supervisory jurisdiction of the…

A non-party costs order under section 51 of the Senior Courts Act 1981 is exceptional and depends on whether it is just in all the circumstances. Control or…

A contractual minimum royalty may be payable for the continuing grant of valuable brand rights, even when the licensee ceases to use the brand. The question…

For a challenge under section 68 of the Arbitration Act 1996, a tribunal may decide an issue that was not pleaded in precise terms if its essential building…

A summary judgment application should be determined where the issue is a short question of law and the pleaded facts provide the necessary basis for decision.…

In a share sale warranty claim, damages are assessed by comparing the value of the shares on a Warranty True basis with their value on a Warranty False basis…

Once a first-instance court has granted unconditional permission to appeal, it cannot subsequently impose conditions on the grant. Any later application to…

The committal jurisdiction over a company’s directors or officers was not removed by the October 2020 version of Civil Procedure Rules 1998. The preserved rule…

Summary judgment may determine a severable part of a claim or defence, but not an isolated factual or legal issue which merely reduces the matters remaining…

An arbitration clause referring differences as to amounts payable under an insurance policy to arbitration, where liability is otherwise admitted, is confined…

Where an individual is the sole registered owner of property, the starting presumption is that they are also the sole beneficial owner. The person asserting a…

An adjournment must be granted where refusing it would infringe the defendant’s right to a fair trial, unless any resulting injustice to the other party cannot…

Relitigation of an issue may amount to an abuse of process where it would be manifestly unfair to a party or would bring the administration of justice into…

A freezing order must state clearly what the respondent is required to do, particularly where breach may lead to contempt proceedings. A standard…

Repeated acceptance of late contractual payments does not, without a clear and unequivocal representation and reliance, prevent a party from enforcing future…

An English court should exercise caution before granting an injunction which would interfere with proceedings before a foreign court or arbitral tribunal.…

On an application to stay proceedings on forum non conveniens grounds, the defendant must show that the alternative forum is clearly or distinctly more…

In a share sale, a contractual time bar for warranty claims may be displaced by a fraud or wilful-misconduct exception only to the extent that the warranty…

On a summary assessment of costs, the court must examine the costs statement as a whole, including the hourly rates claimed, the allocation of work among…

Joinder under Civil Procedure Rules 1998, rule 19.2(2)(a), requires a fact-specific assessment of whether adding the proposed party is desirable so that all…

An apparent-bias challenge to an arbitral award under section 68 of the Arbitration Act 1996 still requires proof of substantial injustice. Apparent bias does…

A successful party will ordinarily recover its costs under CPR r. 44.2(2)(a). Summary assessment is appropriate where the relevant trial falls within the…

Contractual rights arising after termination must be construed so that a party cannot rely on its own failure to perform a necessary step. Where a charterparty…

Sanctions legislation does not bar a court from determining a designated claimant’s pre-existing claim unless Parliament has clearly authorised that…

When approving a costs budget covering conjoined proceedings, the court may approve a combined budget where the claims are case managed together and will have…

Contempt of court must be proved to the criminal standard: the court must be sure of the order, the breach and the facts making the conduct a breach. Knowledge…

Where a claimant succeeds on a summary judgment application, the ordinary rule is that the claimant should recover its reasonable costs. An earlier…

Representative proceedings are intended to include persons with the relevant interest, rather than exclude a person who wishes to represent its own interests.…

A first-instance court loses jurisdiction to extend the time for filing an appeal notice where no application for an extension was made at the hearing at which…

A binding contract is not formed merely because parties agree a fee structure while detailed contractual terms remain under negotiation. The court must assess…

A charterparty provision stating that no deductions from hire may be made without the owner’s express written agreement can prevent a charterer from…

Under Mozambican law, the authority competent to manage or classify protected information has a discretion to designate particular individuals as having a need…

Permission is required before private parties pursue committal proceedings based on allegedly false statements verified by a statement of truth. The court must…

An application under Arbitration Act 1996, s 68, requires proof of a serious irregularity and substantial injustice. The threshold is deliberately high…

Judgment may be entered on an admission where the admitted liability establishes the sum due, subject to any legally effective defence. Summary judgment is…

The court may grant declaratory relief before a monetary liability is finally ascertained where the declaration has practical utility and will assist the…

Under section 423 of the Insolvency Act 1986, a transaction at an undervalue requires a subjective, positively intended purpose of putting assets beyond a…

Contractual insolvency clauses which refer to suspending payment ordinarily concern a general suspension, or suspension of a category of payments, indicating…

Under Article IV r.5(a) of the Hague-Visby Rules, “goods lost or damaged” may include goods economically damaged by a maritime casualty. The phrase must be…

A non-party costs order against a director of an insolvent company is exceptional and depends on whether it is just in all the circumstances. The central…

Where privileged documents have been disclosed and read by the opposing party, the court must distinguish between whether the documents are privileged and…

A contractual obligation described as both a guarantee and an indemnity must be construed by reference to the agreement as a whole. Separate obligations may…

On an application for an interim injunction enforcing a post-employment non-competition covenant, the court must apply the American Cyanamid principles. The…

A freezing order requires a good arguable case on the merits, a real risk of unjustified dissipation, and justice and convenience. The risk must be supported…