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Andy McGregor

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RPC | 29 Jun 2021

English court issues anti-suit injunctions despite foreign proceedings reaching Supreme Court

If, contrary to an agreement to arbitrate, a party is sued in the wrong jurisdiction, the English courts stand willing to issue an anti-suit injunction – regardless of how quickly the foreign proceedings might have escalated. A recent case serves as a good example of how a party should conduct itself in order to successfully obtain injunctive relief.
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RPC | United Kingdom | 14 Jul 2020

It's good to talk: successful party declined portion of costs for refusal to mediate

In a recent High Court decision, a successful party was declined some of its costs on the basis of its unreasonable refusal to engage in mediation. The court's approach is consistent with two other recent cases in which the courts awarded indemnity costs against litigants that had failed to follow directions or give serious consideration to the obligation to engage in alternative dispute......
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RPC | United Kingdom | 10 Mar 2020

Litigation funder liable for uncapped adverse costs

The Court of Appeal recently ordered a funder to pay the full amount of adverse costs. In a significant judgment for commercial litigation funders, the court found that the 'Arkin cap' (which can cap a litigation funder's liability for adverse costs at the amount of funding that was provided) is not a binding rule to be applied automatically in every case involving a litigation funder.
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RPC | 4 Feb 2020

Bitcoin is 'property' and can therefore be subject of proprietary injunction

Following recent case law on the matter, the High Court has found that bitcoin can be 'property' and can therefore be the subject of a proprietary injunction. In reaching its conclusion, the court adopted the detailed analysis of the issue set out in the UK Jurisdictional Task Force's November 2019 Legal Statement on Crypto-Assets and Smart Contracts, thereby providing a far more detailed......
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RPC | United Kingdom | 31 Jan 2020

Bitcoin is 'property' and can therefore be subject of proprietary injunction

Following recent case law on the matter, the High Court has found that bitcoin can be 'property' and can therefore be the subject of a proprietary injunction. In reaching its conclusion, the court adopted the detailed analysis of the issue set out in the UK Jurisdictional Task Force's November 2019 Legal Statement on Crypto-Assets and Smart Contracts, thereby providing a far more detailed......
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RPC | 31 Jan 2020

Bitcoin is 'property' and can therefore be subject of proprietary injunction

Following recent case law on the matter, the High Court has found that bitcoin can be 'property' and can therefore be the subject of a proprietary injunction. In reaching its conclusion, the court adopted the detailed analysis of the issue set out in the UK Jurisdictional Task Force's November 2019 Legal Statement on Crypto-Assets and Smart Contracts, thereby providing a far more detailed......
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RPC | United Kingdom | 28 Jan 2020

Covertly obtained information cannot be deployed until its legitimacy is resolved

The Court of Appeal recently confirmed that where a party has covertly obtained confidential information, any dispute as to the information's confidentiality must be resolved before it can be deployed in civil proceedings. Taking this approach preserves the confidentiality of the material and upholds the broad equitable principle that a person who has received information in confidence should......
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RPC | United Kingdom | 26 Nov 2019

Prevention principle – can parties sue for breach of contract occasioned by their own breach?

In a recent High Court case, the defendants successfully resisted summary judgment for breach of contract on the basis of the prevention principle, which excuses a breach of contract where the other party's actions caused it. Following this decision, contracting parties may wish to consider whether to insert express wording into contracts containing no set-off clauses that would exclude this......
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RPC | United Kingdom | 12 Nov 2019

Contribution to legal costs: natural love and affection or calculated self-interest?

When will an order for costs be made against a family member who was not a party to the underlying proceedings but who contributed significantly to funding the losing party's defence? According to a recent case, the answer is when the funder has a personal interest in the litigation.
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RPC | United Kingdom | 29 Oct 2019

Anchor defendants: Court of Appeal confirms that no 'sole object' test applies

The Court of Appeal recently confirmed that Article 6(1) of the Lugano Convention is not subject to a 'sole object' test. Where claimants have a sustainable claim against an 'anchor defendant' that they intend to pursue to judgment, they can rely on Article 6(1) to bring a foreign co-defendant within the jurisdiction. This decision will be of significant assistance to claimants where one or......
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