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English Court breaks new ground in crypto fraud case

In a recent judgment the English High Court has again shown its ability to innovate so as to assist victims of crypto fraud. By imposing a constructive trust on a crypto exchange and permitting service of an order for summary...more

The English court permits service of proceedings by NFT

In a recent innovative ruling, the English High Court has granted permission for a claim to be served on a defendant by non-fungible token (NFT), embracing blockchain technology and taking a pragmatic view on the most...more

State immunity: the English court upholds prohibition on injunctive relief against states

In a recent decision, the English High Court has confirmed that injunctive relief cannot be granted against states, notwithstanding that this restriction interferes with Article 6 (Right to a fair trial) of the European...more

NFT fraud: the English court recognises NFTs as ‘property’ and makes proprietary interim remedies available to protect investors

In an important ruling, the English High Court has recognised for the first time that there is an arguable case that non-fungible tokens (NFTs) are to be treated as property under English law. This means that the powerful...more

Bitcoin fraud: the English Court grants extensive interim remedies to protect investors

The English High Court has granted a combination of powerful remedies including worldwide freezing orders in favour of a UK resident who fell victim to persons unknown operating a suspected cryptocurrency investment scam....more

Damage in economic loss claims: The English Court provides welcome clarification on accepting jurisdiction

The English High Court has decided that, in determining whether it has jurisdiction to hear claims about economic loss, the focus must be on where the loss manifested itself (i.e. its crystallisation) rather than on the...more

The Right to Privacy in Criminal Investigations

The UK Supreme Court has delivered an important judgment which confirms that those (including business people) under criminal investigation have a reasonable expectation of privacy in respect of information relating to that...more

Banning Binance: the FCA Signals its Intent to Play a Bigger Role in Cryptocurrency Markets

The UK Financial Conduct Authority (“FCA”) has banned Binance Markets Limited (“Binance”) – part of one of the world’s biggest cryptocurrency exchanges – from carrying out any regulated activity in the UK. This not only...more

English High Court Rules on Claimants’ Ability to Pursue Proceedings in England Where There is an Alternative Forum

A recent High Court judgment has emphasised that where a claimant has chosen to sue a party in England rather than in another jurisdiction, factors such as the risk of a multiplicity of proceedings and inconsistent judgments...more

Cryptoasset Fraud: The English Court Makes Pre-emptive Remedies Available to Victims of International Fraud

In a recent judgment, the English court has demonstrated that pre-emptive remedies are available to litigants who have been subject to cryptoasset fraud even where the alleged fraud originates outside the UK.1 From orders...more

English Court of Appeal calls a halt to the cross-border laundering of judgments

The eagerly anticipated decision of the English Court of Appeal in Strategic Technologies Pte Ltd v. Procurement Bureau of the Republic of China Ministry of National Defence has confirmed that it is impermissible to register...more

Russia Has Introduced a Law Seeking to Protect the Rights of Sanctioned Russians

President Vladimir Putin signed a bill on June 8, 2020 designed to provide legal recourse, in certain cases, to Russian (and foreign) persons who have been sanctioned by foreign states....more

Enforcement Against a Sovereign State: A Relaxation of the Rules of Service

Sovereign States have, for a long time, enjoyed a degree of protection from the English courts under the State Immunity Act 1978. For example, absent a pre-agreed method of service such as on a service agent in England,...more

Further encouragement from the English courts to pursue international disputes there

The recent decision of the English Supreme Court in Vedanta Resources PLC v Lungowe and others provides a further example of the willingness of the English courts to assume jurisdiction over cases which have very little...more

English Court of Appeal Ruling Emphasises Need for Care When Launching Proceedings as Part of an International Litigation Strategy

Commercial court litigation is often seen as a tactical weapon that provides a means to a greater end, in an international context the end perhaps being the securing of an English judgment that might then assist parallel...more

Commercial Court in London Reinforces Practice of Freezing Orders Requiring Disclosure of All of a Respondent’s Assets

The recent decision of the London Commercial Court in PJSC Tatneft v Gennady Bogolyubov & Ors [2018] EWHC 1314 (Comm) highlights the importance that the Court will attach to full asset disclosure by a respondent to ensure the...more

Commercial Court in London Grants Anti-Suit Injunction for Breach of Arbitration Agreement

The Commercial Court in London recently granted an anti-suit injunction in order to halt Lebanese legal proceedings brought in breach of an English arbitration agreement: Perkins Engines Company Ltd v. Ghaddar [2018] EWHC...more

English Court Takes a More Flexible Approach to Service of Proceedings on a Foreign State

A trend has emerged which demonstrates the London Commercial Court’s increasing willingness to adopt a pragmatic approach to the method of service of documents on a foreign State in appropriate cases, even though the...more

English Court Confirms Pre-Action Disclosure Is Available Against Parties Outside Its Jurisdiction

A weapon of value to litigants in England is the ability to seek disclosure of documents from a likely party to litigation before proceedings start. Obtaining such pre-action disclosure can yield crucial information at the...more

State Immunity and Enforcement Against State Property in England

Enforcing an arbitration award or a judgment against a sovereign state is not always easy. The case of Avionics Technologies Ltd v The Federal Republic of Nigeria and another addressed the novel issue of whether it is...more

Examination in England of a Non-Resident Foreign Officer of a Judgment Debtor

Obtaining a judgment is one thing, enforcing it is another. The location of a judgment debtor’s assets can be unknown or deliberately hidden. A judgment creditor may therefore wish to obtain information from a judgment debtor...more

Serving Proceedings in Russia under the Hague Convention

The English High Court has clarified one aspect of service of English proceedings in Russia under the Hague Convention. The English Courts remain an attractive venue for Russian related litigation. A claimant wishing to...more

Expanded Disclosure Remedies for Claimants in International Cases Heard in England?

A valuable remedy open to a party in English civil proceedings is to seek a Norwich Pharmacal order. Such orders require a respondent to disclose certain information or documents to the applicant. The respondent party need...more

The Defamation Act 2013: To sue or not to sue?

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more

Why should, and when can, international parties litigate before the English courts?

The international caseload of the English commercial court is enormous. A survey of 705 commercial court judgments handed down in the past five years showed that about 62% of the litigants involved were based outside England...more

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