The Civil Procedure Rules Committee is consulting on a proposed draft amendment to Civil Procedure Rule (CPR) 5.4, which would allow significantly increased public access to documents with potentially far-reaching impacts.
Latest Articles
Litigation Funding Agreements: Developments Since PACCAR
Litigation funding agreements have been very much in the spotlight since the decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others,[1] in which the Supreme Court of the United Kingdom found that a funding agreement that provided for the funder’s remuneration to be calculated as a percentage of any damages recovered was an unenforceable damages-based agreement (DBA). Given the prevalence of such funding agreements, the judgment was a significant cause for concern.
Court Strikes Out Claim Served by Email but Suggests Service Rules Should Be Reviewed
In Chehaib v. King’s College Hospital NHS Foundation,[1] the High Court of England and Wales dismissed the claimant’s application for relief in respect of a claim form that had expired, having been ineffectively served via email without permission. While the master found she was bound by the Civil Procedure Rules (CPR) and case law to dismiss the application for relief, she suggested that it might be time to review the rules on service of proceedings to allow for service via email without the need for permission.
Law Commission Consults on Draft Legislation Relating to Digital Assets
Following the publication of its final report on digital assets last year, on 22 February 2024, the Law Commission of England and Wales launched a consultation on draft legislation confirming the existence of a ‘third category’ of personal property. The intended effect of the new legislation would be to provide confirmation that digital assets, including crypto-tokens, are capable of being recognised by the law as property.
UK Court of Appeal Orders Mandatory Final Anti-Suit Injunction in Foreign-Seated Arbitration
In its recent judgment in UniCredit Bank GmbH v. RusChemAlliance LLC,[1] the Court of Appeal granted a mandatory final anti-suit injunction in support of a French-seated arbitration regarding proceedings brought by the RusChemAlliance (RCA) before Russian courts.
No Carve Out for Fraud in Limitation Clause
In Innovate Pharmaceuticals Limited v. University of Portsmouth Higher Education Corporation,[1] the High Court of England and Wales held that a limitation clause was drafted sufficiently broadly to limit liability even in cases of fraudulent performance of the contract.
Digital Asset Fraud: No Final Orders To Be Made Against Unidentifiable ‘Persons Unknown’
In its recent decision in Boonyaem v. Persons Unknown Category A, Persons Unknown Category B and INGFX Limited, the High Court of England and Wales addressed some of the key issues that have frequently arisen in cases of digital asset fraud. Notably, while the judge granted summary judgment against ‘persons unknown’ who were currently anonymous but identifiable, he refused to enter judgment against ‘persons unknown’ who were both anonymous and unidentifiable.
Ofcom’s Latest Guidance on Age Assurance Under the Online Safety Act
On 5 December 2023, the UK Office of Communications (Ofcom) published for consultation its draft guidance on age assurance (and other Part 5 duties) for service providers publishing pornographic content on online services, along with an accompanying consultation paper. This is the second draft guidance document published by Ofcom since the Online Safety Act came into force.
UK Supreme Court Confirms Requirements for Claims in ‘Knowing Receipt’
At the end of 2023, the UK Supreme Court handed down judgment in Byers and others v. Saudi National Bank[1]. Unanimously dismissing the appeal, the Supreme Court definitively determined that a claim in knowing receipt cannot be brought if the claimant’s equitable interest in the relevant property has been extinguished – regardless of the fact that the recipient of the property was aware that it was being transferred to it in breach of trust.
A New DPA Sheriff in Town?
On 5 December 2023, the Crown Prosecution Service (CPS) entered into a deferred prosecution agreement (DPA) with Entain, a global online sports betting and gaming business (owner of Ladbrokes and Coral bookmakers) headquartered in London, to settle the HM Revenue & Customs (HMRC) investigation into the company and its group.