Who is the true owner of goods if they have been stolen and then sold on?
If goods have been stolen and sold on, it can be important to know what happens to the title of stolen goods if purchased by a third party and what legal action can be taken in these circumstances, from applying for a freezing order to obtaining an order for delivery up. Below we look briefly […]
A worldwide freezing order may be made against a party to recover legal costs
In the recent High Court decision of Wright v McCormack (WFO Judgment) [2024] EWHC 1735 (KB), in the context of recovery of costs following a libel trial, a worldwide freezing order (WFO) was granted against a fraudster who claimed to be the inventor of cryptocurrency. A WFO is a type of injunction ordered by a […]
An unfavourable outcome will not always mean that an adviser was negligent
Professional negligence claims may be made where a professional (such as a solicitor, architect, surveyor etc.) has failed to perform their responsibility to a set standard. When providing services professionals are under a duty to exercise a reasonable degree of skill and care. If they do not, their client may have grounds to pursue a claim […]
Disclosure: Court orders independent review of “muddled and jumbled” WhatsApp messages
Redaction refers to the process of censoring pieces of information in a document. For example, a screenshot of text messages showing texts from different dates may be redacted where earlier information is irrelevant. In the Business and Property Courts, redaction of information is permitted via paragraph 16.1, Practice Direction (“PD”) 57AD of the Civil Procedure […]
The importance of limiting a solicitor's involvement in the preparation of an expert's report
Expert evidence is often used during litigation to help the court understand matters where they do not possess the requisite technical or specialist knowledge on the area. Rules govern the use of experts in litigation and are contained in Part 35 of the Civil Procedure Rules (“CPR”) and Practice Direction 35. Expert evidence is not […]
Can summary judgment be made against ‘persons unknown’?
In the recent High Court case of Mooij v Persons Unknown [2024] EWHC 814 (Comm), the claimant brought a bitcoin fraud claim against multiple defendants, including the first and second "persons unknown" defendants (D1 and D2) who were described as being the fraudsters and beneficiaries of the fraud respectively. Mr Mooij sought summary judgment and […]
Understanding Part 36 Offers Through Hugh Grant’s Legal Battle
In the world of litigation, navigating the complexities of settlement offers, court rules, and the potential risks and rewards of proceeding to trial can be a daunting task. The case of Hugh Grant versus The Sun publisher, News Group Newspapers (NGN), serves as a prime example of the strategic decisions involved in legal disputes and […]
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? […]