Is a payment on account of costs enforceable?
Possibly for the first time that this point has been considered by the courts, it was recently held by the High Court in Patel and Others v Awan and Another [2024] EWHC 464 (Ch) that a payment on account of costs under Rule 44.2(8) of the Civil Procedural Rules (CPR) is enforceable like any other […]
Collateral use of disclosed documents under CPR 31.22(2)
In the recent decision of Various Claimants v Mercedes-Benz Group Ag and others [2024] EWHC 695 (KB), the High Court provides some noteworthy comments for any party seeking to prevent the collateral use of disclosed documents under Rule 31.22(2) of the Civil Procedural Rules (CPR). What is the background to the Mercedes-Benz Group case? On […]
Are documents held by a third party disclosable?
In the recent decision of The Public Institution for Social Security v Al-Wazzan and Others [2024] EWHC 480 (Comm), applications seeking disclosure of documents held by third parties on the basis that these were under the "practical control" of the respondents were refused by the High Court. What are the facts of PIFSS v Al-Wazzan? […]
Do statutory limitation periods apply to unfair prejudice claims?
The "received wisdom" for several decades has been that unfair prejudice petitions under section 994 of the Companies Act 2006 are not subject to periods of limitation. However, in the landmark decision of the Court of Appeal (CA) in THG Plc v Zedra Trust Co (Jersey) Ltd [2024] EWCA Civ 158 (handed down on 23 […]
Discretion of the court when granting freezing orders
A freezing order is an interim measure granted by a court to prevent a person or business from being able to dispose of or deal with their assets prior to any judgment being enforced. These orders are wide-reaching, with the power to restrain all types of assets, including bank accounts, shares, property, land and investments, […]
Company directors can still be liable for civil contempt
In the recent decision of ADM International Sarl v Grain House International SA and Elhachmi Boutgueray [2024] EWCA Civ 33, the Court of Appeal (CA) has confirmed that company directors can still be liable for civil contempt following revisions made to Part 81 of the Civil Procedural Rules (CPR) in 2020. Below we look briefly […]
Maintain Your Business Relationships While Pursuing Legal Claims
In the business world, relationships are everything. Maintaining good relationships with your clients, suppliers, and partners is critical for the success of your business. However, sometimes, disputes arise, and legal action becomes necessary to protect your interests. But can you bring a legal claim against a third party and still maintain good commercial relationships? In […]