Serving claim form on ‘persons unknown’ out of jurisdiction now requires hearing – Law Society’s Gazette

Posted December 16th, 2024 in disclosure, media, news, service out of jurisdiction by tracey

‘Future applications for permission to serve a claim form on ‘persons unknown’ out of the jurisdiction in claims in the media & communications list should not be dealt with without a hearing, a High Court judge has ruled.’

Full Story

Law Society's Gazette, 16th December 2024

Source: www.lawgazette.co.uk

High Court will take pragmatic approach to protect crypto fraud victims – OUT-LAW.com

Posted September 10th, 2024 in civil procedure rules, cryptocurrencies, fraud, news, service out of jurisdiction by tracey

‘A recent High Court of England and Wales decision shows that the English courts are willing to interpret procedural service rules under the Civil Procedure Rules (CPR) pragmatically to facilitate justice for victims of crypto fraud, an expert has said.’

Full Story

OUT-LAW.com, 9th September 2024

Source: www.pinsentmasons.com

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

Full Story

OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

Full Story

Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

New rules to tackle offshore crypto crime – Law Society’s Gazette

‘New rules to help the courts trace cryptoassets overseas are being drawn up to deal with the increasing volume of litigation in this area, the master of the rolls revealed yesterday. “In the world of crypto fraud, there are no national barriers and unlawfully obtained cryptoassets can be difficult to trace,” Sir Geoffrey Vos told an audience of lawtech specialists in London.’

Full Story

Law Society's Gazette, 25th February 2022

Source: www.lawgazette.co.uk

Briton gets high court go-ahead to sue Interpol chief over torture claim – The Guardian

‘A British football fan who claims he was tortured and falsely imprisoned in the United Arab Emirates in 2019 while on holiday there to watch Asian Cup matches is suing the new head of Interpol.’

Full Story

The Guardian, 8th February 2022

Source: www.theguardian.com

Top UK court blocks legal action against Google over internet tracking – The Guardian

‘A £3bn legal action against Google over claims it secretly tracked the internet activity of millions of iPhone users has been blocked by the UK supreme court.’

Full Story

The Guardian, 10th November 2021

Source: www.theguardian.com

Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers

‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’

Full Story

Littleton Chambers, 7th October 2021

Source: littletonchambers.com

New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45 – UKSC Blog

‘In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they were travelling in during the tour crashed, killing the respondent’s husband and seriously injuring the respondent.’

Full Story

UKSC Blog, 20th October 2021

Source: ukscblog.com

‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures

‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’

Full Story

Litigation Futures, February 2021

Source: www.litigationfutures.com

Service out of the jurisdiction after 31 December 2020: the end of service out without permission? – EU Relations Law

Posted November 18th, 2020 in brexit, civil procedure rules, EC law, news, service out of jurisdiction by sally

‘Until 31 December 2020, if the English court has jurisdiction to hear a claim under the Brussels Regulation (recast), the claimant does not need permission to serve the claim form out of the UK (CPR rule 6.33(2)).’

Full Story

EU Relations Law, 17th November 2020

Source: eurelationslaw.com

TCC decides adjudicator did not stray off course – Practical Law Construction Blog

‘This was a case about the enforcement of an adjudicator’s decision (as so many are) and involved many of the usual arguments (as so many do), such as did the adjudicator have jurisdiction to reach the decision and was there a breach of the rules of natural justice? Unusually, the judge also had to consider an application to serve proceedings out of the jurisdiction, something I’m not really familiar with but, luckily, Helena White has already talked about that in her blog. That means I don’t need to mention whether enforcement proceedings should have been started in England or Northern Ireland, and leaves me to look at the jurisdiction and natural justice issues in more detail.’

Full Story

Practical Law Construction Blog, 13th May 2020

Source: constructionblog.practicallaw.com

Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers

Posted January 16th, 2020 in fraud, jurisdiction, misrepresentation, news, service out of jurisdiction by sally

‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’

Full Story

Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Court of Appeal gives green light to consumer rights campaigner in 4 million person strong representative action against Google – Henderson Chambers

‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’

Full Story

Henderson Chambers, 7th October 2019

Source: www.hendersonchambers.co.uk

Browser Generated Information: “loss of control” entitles search engine users to compensation – UK Human Rights Blog

‘Richard Lloyd v. Google LLC [2019] EWCA Civ 1599. The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s application for permission to serve Google outside the jurisdiction in the USA, so preventing the claim getting under way.’

Full Story

UK Human Rights Blog, 4th October 2019

Source: ukhumanrightsblog.com

Service by Whatsapp? – Family Law

‘In a recent dispute between cohabitees, the court has upheld an order that a claim form could be served on a defendant out of the jurisdiction by way of a Whatsapp message.’

Full Story

Family Law, 4th September 2019

Source: www.familylaw.co.uk

The duty of full and frank disclosure in worldwide freezing orders and service out applications (Tugushev v Orlov (No. 2)) – Hardwicke Chambers

‘The most recent episode in litigation between two Russian Oligarch involving an application to set aside a World-wide Freezing Order (“WFO”) and permission for service out of jurisdiction (“Service Out Order”) for failures in the duty of full and frank disclosure (“the Full and Frank Duty”).’

Full Story

Hardwicke Chambers, 9th August 2019

Source: hardwicke.co.uk

Wealthy divorcee sues lover by serving legal papers on him using WhatsApp – Daily Telegraph

Posted June 27th, 2019 in choice of forum, internet, news, service, service out of jurisdiction by sally

‘A divorcee already worth £90 million has won the right to fight to sue her former lover in the UK over tens of millions of assets after serving court papers on him via WhatsApp.’

Full Story

Daily Telegraph, 25th June 2019

Source: www.telegraph.co.uk

New Judgment: Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20 – UKSC Blog

‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’

Full Story

UKSC Blog, 10th April 2019

Source: ukscblog.com

Are You Being Served? Rules On International Service in Family Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, Thomas More Chambers considers the issue of international service in family cases.’

Full Story

Family Law Week, 21st October 2018

Source: www.familylawweek.co.uk