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 […]
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 […]
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 […]
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 […]
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 […]
Can the court stay proceedings to allow for ADR?
In a recent decision concerning the power of the court to compel parties to enter into alternative dispute resolution (ADR), it was held by the Court of Appeal that compulsory referral by the court is an option that parties may now be faced with. Below we look at the decision in Churchill v Merthyr Tydfil […]