By Daniel Harrison Recent UK Supreme Court decision could have far-reaching consequences for appeals In a split decision, the Supreme Court recently considered whether an order requiring an appellant to pay money (that the appellant does not have) into court to continue an appeal “stifles” the appeal and whether the order should be overturned. The … Continue Reading
By JP Sweny, Matthew Brown and Rachel Croft The English Supreme Court has delivered a ruling that provides helpful guidance on the enforceability of trusts in respect of assets located in foreign jurisdictions that do not recognise trusts. The ruling also highlights potential issues in holding foreign assets on trust, particularly when the trustee transfers … Continue Reading
By Philip Clifford and Robert Price On 1 March 2017 the Supreme Court[1] overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting enforcement of a Nigerian arbitral award made in favour of IPCO (Nigeria) Limited … Continue Reading
By Michael Green and Paul Davies The UK will need to revisit its strategy to improve air quality following a recent court judgment determining that the Government’s existing plans are insufficient. With air pollution reportedly responsible for 9,500 premature deaths in London each year, according to a study commissioned by the Greater London Transport Authority and … Continue Reading
By Dan Smith and Anna Hyde The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact-sensitive “range of factors” approach, which may expand cases in which the defence operates. “No … Continue Reading
By Daniel Harrison A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the ability of parties to appeal against arbitral awards on points of law. This decision also reinforces the … Continue Reading
By Jonathan Hew The Supreme Court has clarified that, for a term to be implied into an agreement, it must be either necessary for business efficacy or so obvious that it goes without saying. This is a significant judgment for commercial practitioners and for those drafting or dealing with contracts generally. Under English law, a … Continue Reading
By Daniel Harrison The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started foreign court proceedings despite an arbitration agreement. This judgment emphasises the English courts’ desire to uphold and protect arbitration agreements … Continue Reading
By Simon Bushell and Robert Price Case: JSC BTA Bank v Ablyazov [2015] UKSC 64 Introduction A freezing order is an interim injunction that prevents a party to litigation from dealing with their assets until judgment (and on occasion, after judgment). Its purpose is to prevent a losing party from dissipating their assets and frustrating … Continue Reading
By Jonathan Hew The Supreme Court is the highest court in the UK and the final resting place for civil and criminal appeals. Lord Neuberger, the President of the UK Supreme Court, has set out his views on the role and function of the court that may prove useful guidance if you are considering an … Continue Reading
