Archive: November 2022

The expansion of the ‘jurisdictional gateways’ in CPR Practice Direction 6B, which took effect on 1 October 2022, includes the introduction of a new gateway 25 allowing service of third-party information orders outside of the jurisdiction.

UK P&I Club N.V. & Anor v Republica Bolivariana De Venezuela [2022] EWHC 1655 (Comm) provides guidance on the factors the English courts will consider when deciding whether a state should benefit from state immunity and whether injunctive relief can be granted against a state.

Macquarie Bank Ltd v Phelan Energy Group Ltd [2022] EWHC 2616 (Comm) is the first English High Court judgment which directly considers the requirements for a notice of Failure to Pay under Section 5(a)(i) of the 2002 ISDA Master Agreement to be valid.

The Court held that service of a claim form by email is valid only if the recipient nominates a single email address rather than multiple addresses.

In Christie v Canaccord Genuity Ltd [2022] EWHC 1130 (QB), the High Court has dismissed a claim brought by a former employee for a £1 million “retention award” based on an alleged oral contract.

A claimant wishing to bring proceedings in the English Courts against a defendant who is outside of the jurisdiction may need to satisfy the Court the claim falls within one of the ‘jurisdictional gateways’ in CPR Practice Direction 6B.

In an historic first, the High Court has delivered a judgment on liability arising from a breach of s 90A and schedule 10A, Financial Services and Markets Act 2000, in the case of ACL Netherlands BV & Ors v Lynch & Anor [2022] EWHC 1178 (Ch).