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RPC | United Kingdom | 15 Aug 2023
Court of Appeal holds that Denton test applies to setting aside default judgment
In FXF v English Karate Association Ltd & Or, the Court of Appeal held that the three-stage test for relief from sanctions established in Denton v TH White Ltd applies to applications to set aside a default judgment under Civil Procedure Rule 13.3 – clarifying an area where there has been conflicting authority.
Boyes Turner LLP | United Kingdom | 4 May 2023
What is a default judgment?
A default judgment is often applied for early on in proceedings, where one party has failed to take an action they are required to, bringing the…
Walker Morris LLP | United Kingdom, USA | 11 Apr 2019
CPRC consultations: Enforcement of possession and entry of default judgment
The Civil Procedure Rules Committee (CPRC) has recently launched two consultations which may of interest to all those concerned with collections and…
Baker McKenzie | Global, USA | 11 Apr 2019
U.S.: District court grants default judgment against an absent defendant and enforces arbitral award in an action to enforce financial obligations brought under the Foreign Sovereign Immunities Act.
Plaintiffs Tidewater Investment SRL and its subsidiary Tidewater Caribe, C.A. (collectively “Tidewater”), were investors in oil- and g...
Goldberg Segalla LLP | USA | 10 Apr 2019
Second Circuit Holds That Policy May Be Rescinded Before a Claim is Submitted for Coverage
The Second Circuit has held that an insurer need not wait until a claim is submitted under its policy in order to seek rescission of the policy based…
Anderson Mōri & Tomotsune | Japan | 9 Apr 2019
Supreme Court clarifies requirements for enforcement of foreign judgments
The Supreme Court recently considered the enforceability of a Californian default judgment which had been served on the defendant at the wrong address. The decision clarifies that in cases involving the enforcement of a foreign judgment, service of the initial complaint through diplomatic or consular agents is required. However, service of the judgment through diplomatic or consular agents is......
Ross & McBride LLP | USA | 5 Apr 2019
Small Claims Court Series - Part 2: Steps in a Proceeding
This is Part 2 of our 9 part series on Small Claims Court proceedings. Last week we provided a general overview of the Small Claims Court. This week…
Hunton Andrews Kurth LLP | USA | 15 Mar 2019
The Challenge Of Suing A Defunct Virtual Currency Exchange
To date, virtual currency exchanges in the United States have structured their operations so as to avoid being required to register as an exchange…
Hunton Andrews Kurth LLP | USA | 26 Feb 2019
Federal Court Lacks Personal Jurisdiction Over Defunct Virtual Currency Exchange
To date, virtual currency exchanges in the United States have structured their operations in an effort to avoid being required to register as an…
Arent Fox LLP | USA | 17 Jan 2019
Employers Obtain Rare Victory at Massachusetts Supreme Judicial Court in WARN Act Case
The Massachusetts Supreme Judicial Court recently took the unexpected action of unanimously ruling in favor of an employer in a case brought pursuant…
