Tom Ainsworth

Tom Ainsworth

Dechert LLP

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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

11/30/2020  /  Appeals , Commercial Litigation , Cross-Border , Damages , Default Judgment , International Litigation , Jurisdiction

UK Supreme Court Widens the Scope for Non-party Access to Documents Filed in English Litigation

In Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK)1 the UK Supreme Court has given guidance on non-party access to documents filed in litigation in the English Courts....more

8/29/2019  /  Asbestos Litigation , Corporate Counsel , Court Records , Discovery , Non-Parties , Open Justice Principle , Public Access Laws , UK , UK Supreme Court

English Court Reiterates Importance of the Principle of Open Justice and Confirms That a Non-Party’s Reasons for Seeking...

The English Court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings. In our August 2018 update we reported on the decision of the English Court of...more

2/19/2019  /  Appellate Record , Discovery , Document Requests , EU , Judicial Records , Non-Parties , Rules of Civil Procedure , Trial Court Orders , UK

English Court of Appeal clarifies the rules regarding non-party access to documents filed with the court

The English court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings, such as statements of case (including the claim form, particulars of claim,...more

8/13/2018  /  Appellate Record , Discovery , Judicial Records , Legitimate Business Interest , Non-Parties , Public Records , Trial Court Orders , UK

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

7/16/2018  /  Asset Freeze , Business Assets , Commercial Court , Disclosure Requirements , Freezing Order , Injunctive Relief , UK

English Court of Appeal Clarifies the Ambit of the Rule Against Reflective Loss

In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited,1 the Court of Appeal helpfully summarised the justifications for the English law rule against claims for reflective loss and confirmed that the rule...more

7/12/2018  /  Appeals , Creditors , Diminution in Value , Double Recovery , Fraudulent Inducement , Public Policy , Reflective Loss Rule , Shareholder Litigation , UK , Unsecured Debt

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

3/6/2018  /  Aircraft , Commercial Court , Foreign Defendants , Foreign Judgments , Foreign Sovereigns , Insurance Industry , Post-Judgment Enforcement Actions , Service of Process , State Sponsors of Terrorism , UK

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

12/12/2017  /  Corporate Counsel , Disclosure Requirements , Discovery , Extraterritoriality Rules , International Litigation , Jurisdiction , Service of Process , Settlement , UK
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