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10 results found

Article

Reed Smith LLP | United Kingdom | 10 Jun 2011

In considering whether to grant permission to rely on additional witness evidence during the course of a trial, the lateness of the application is only one factor to take into account

The First and Second Applicants had sought specific performance of sale agreements entered into with the Respondent.

Article

Reed Smith LLP | United Kingdom | 10 Jun 2011

High Court upholds service out of the jurisdiction without permission under CPR 6.33(2), despite the claimants filing a defective Form N510

The Respondent had brought a claim against the Applicant Slovakian company for damages for breach of a supply contract between the parties.

Article

Reed Smith LLP | United Kingdom | 6 Jan 2011

Commercial court considers the circumstances in which it may grant security where a party is challenging the jurisdiction of the tribunal

In A v B 2010 EWHC 3302 (Comm), the Applicant had been successful in a FOSFA arbitration against the Respondent.

Article

Reed Smith LLP | Global | 6 Jan 2011

International Group of P&I Clubs revises its Letters of Indemnity

The International Group of P&I Clubs (the "Group") has revised its Letters of Indemnity following the decision of the Commercial Court in Farenco Shipping Co Ltd v Daebo Shipping Co Ltd (The Bremen Max) 2009 1 Lloyd's Rep.

Article

Reed Smith LLP | United Kingdom | 3 Nov 2010

Supreme Court recognises new exception to the without prejudice rule

In Oceanbulk Shipping and Trading SA v TMT Asia Ltd 2010 UKSC 44, the Supreme Court has recognised a new exception to the rule that communications made in a genuine attempt to reach a settlement are protected from being used as evidence by either party to proceedings.

Article

Reed Smith LLP | United Kingdom | 3 Nov 2010

It is within the court’s discretion to dispense with service of a penal notice where the failure to serve correctly has caused no prejudice

In Gill and others v Darrock and others 2010 EWHC 2347 (Ch) the High Court was faced with a situation where a freezing order had been served without the penal notice being endorsed on the front page, as required.

Article

Reed Smith LLP | United Kingdom | 31 Oct 2010

Court considers the interplay between freezing injunctions and applications to challenge the court’s jurisdiction

In JSC BTA Bank v Ablyazov and others 2010 EWHC 2219 (QB), the High Court made an order that the Respondents would be barred from defending the claim unless they complied with the disclosure obligations set down in a freezing order, despite the fact that they had challenged the court's jurisdiction.

Article

Reed Smith LLP | United Kingdom | 31 May 2009

Mediator compliance with witness statement

In Farm Assist Limited (in liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No.2) 2009 EWHC 1102 (TCC), a mediator applied to set aside a witness summons on the grounds that pursuant to the terms of the mediation agreement, the mediation was confidential and that the mediation had taken place on a without prejudice basis and was subject to privilege.

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