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Archive: November 2022

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Help for fraud claims: Service out of third party information orders

November 29, 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.

Sovereign state immunity from anti-suit injunctions

November 22, 2022

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.

Can a notice sent pursuant to an ISDA Master Agreement be valid if it is inaccurate?

November 16, 2022

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.

Service of claim by email invalid if recipient provided multiple email addresses

November 14, 2022

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.

Be careful what you promise: The Court's approach to an alleged oral contract

November 10, 2022

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.

Service out of the jurisdiction: Expansion of the gateways

November 08, 2022

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.

Liability for misleading or untrue statements: ACL Netherlands BV v Lynch

November 03, 2022

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).