Mon06262017

Last updateTue, 24 Feb 2015 5pm

Michelle Radom looks at security for costs and the secretive defendant

One ground for seeking a security for costs order from the courts is that the claimant is a company and ‘there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so’ (CPR r25.13(2)(c) (ground (c))).

Andrew Cousins highlights the practical lessons to be learned from the recent decisions in Barton v Wright Hassall LLP [2016] and OOO Abbott v Econowall UK Ltd [2016]

The courts have recently handed down two independent judgments regarding the service of proceedings and arrived at contrary decisions, coincidentally on the same day. This article examines both judgments and considers if the reasoning is inconsistent and what the decisions mean in practice.

Richard Marshall and Clare Arthurs share some concerns over the proposed extension of the fixed-costs regime

He’s tenacious, Jackson LJ, you have to give him that. In 2009 he suggested fixed recoverable costs across the fast track, to impose proportionality and to avoid satellite litigation. He has returned to this theme several times since, until January’s now infamous proposal that fixed costs apply to all claims up to £250,000.

Anna Pertoldi reports on two recent cases concerning the enforcement of foreign judgments

Two recent High Court decisions have shown how difficult it is to resist enforcement of a foreign judgment in England by relying on matters which were, or could have been, raised in the original court. They also show that the English court will give careful consideration to whether any of the limited defences to enforcement apply, and will not allow them to be used as an indirect route to challenge the original court’s findings: Superior Composite Structures LLC v Parrish [2015] and Smith v Huertas [2015].

Ron Cheriyan reviews the approach of the courts to relief from sanctions over the last year

The Jackson reforms, which came into force in April 2013, heralded a sea change in the conduct of litigation in England and Wales. The reforms were introduced in an attempt to overhaul the court’s then existing approach to case management. Exacting compliance with the rules is the bedrock of the new system – parties are now expected to conduct litigation in an efficient and cost-effective manner.

Michael Roberts and Alex Hohl assess the past performance and future prospects of the SFO

David Green QC’s reappointment as director of the Serious Fraud Office (SFO) on 9 February 2016 comes at the end of a highly eventful six-month period for the agency. Credited by many with having turned around the fortunes of the UK’s lead anti-corruption agency, Mr Green will remain in his current role until April 2018 and has had some success in overcoming a number of legacy issues that have beleaguered the SFO since before his tenure began.

Noel McMichael and Nicole Finlayson consider a recent Supreme Court ruling

In December 2015, the Supreme Court handed down a significant judgment on the nature and effect of the ‘proper purpose’ rule in company law and when the presence of an improper purpose will invalidate a decision of directors ((1) Eclairs Group Ltd (2) Glengary Overseas Ltd v JKX Oil & Gas plc [2015]). In doing so, it overturned the previous decision of the Court of Appeal and restored the decision at first instance. The judgment is interesting for its analysis of how the ‘proper purpose’ provisions interact with other provisions of the Companies Act 2006 (the Act) which are intended to protect companies from external, rather than internal, interference/manipulation.

Jamie Curle and Camilla Macpherson provide some pointers on drafting jurisdiction clauses from recent case law

As deals become ever more complex and global, the courts are increasingly being asked to adjudicate on questions of jurisdiction. These cases often turn on the wording of the dispute resolution clauses contained in the agreements at issue. Both the volume of reported judgments and the number of cases that have gone to appeal demonstrate how fiercely fought such satellite litigation can become.