On 30 April 2020, the Commercial Court handed down judgment in Jiangsu Guoxin Corporation v. Precious Shipping Public Co Ltd [2020] EWHC 1030 (Comm), a decision on two arbitration appeals as to the interplay between: ‘permissible delays’, written notice clauses, and the prevention principle in two shipbuilding contracts on amended SAJ Forms (“SBCs”). The appeals, […]
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On 23 March 2020, the UK Government announced a lockdown on civil society in response to the COVID-19 pandemic. On the same day the Lord Chief Justice of England and Wales made clear that the courts, “as a vital public service”, have an obligation to continue.[1] This obligation is not limited to urgent cases but […]
The Covid-19 crisis has severely impacted some parts of the Bar, in particular the publicly-funded Bar which does such vital work within our justice system and in society as a whole. Some Chambers practising in these critical areas are under threat of being unable to survive and many barristers are suffering serious personal hardship. The […]
Covid-19 and the worldwide restrictions imposed as a result are inevitably having an impact on whether court deadlines can be met. What if you need to make an application for an extension of time as a result? What are the principles that the Court will apply? That was the question for the TCC in Muncipio […]
On 31 March 2020, Butcher J handed down judgment in Carpatsky Petroleum Corporation v PJSC Ukrnafta [2020] EWHC 769 (Comm). Butcher J refused to set aside an order of Knowles J recognising an SCC arbitration award, and in doing so he considered the application of issue estoppel and abuse of process to the enforcement of […]
Advocate (Formerly the Bar Pro Bono Unit) have highlighted Naomi Hart as a Pro Bono Hero for 2020. The award is given to recognise dedication, commitment and generous support for Advocate and their applicants. Of the award Advocate said: “Naomi has been working on a long running case for Advocate. We recently received feedback from […]
Introduction The courts have faced a number of applications to adjourn trials and hearings in the outbreak of COVID-19. Jeremy Brier suggests such applications will only be granted by the courts as a matter of last resort, on the basis of “concrete evidence” of difficulties and when the parties have shown that notwithstanding their cooperative […]
The BVI Court of Appeal (Michel, Carrington, and Armour JJA) has handed down its much anticipated judgment in Paraskevaides v Citco Trust Corporation and ors BVIHCMAP2018/0046. In a wide-ranging and detailed judgment, Carrington JA confirmed (at [47] – [50]) that the BVI Court has the power to order service out of an injunction which has […]
David Walsh provides and overview of the recent changes that have been made to the Civil Procedure Rules concerning witness statements. Read the full note here
The Court of Appeal recently handed down judgment in the case of A and B v C, D and E [2020] EWCA Civ 409. The issue in this case was whether the court had jurisdiction under s.44(2)(a) of the Arbitration Act 1996 to make an order against an individual compelling him to give evidence in […]
On 1 April 2020, the Supreme Court handed down judgment in Aspen Underwriting v. Credit Europe Bank NV [2020] UKSC 11, a decision concerning the application of the Brussels Regulation (Re-Cast) 1215/2012 in matters ‘relating to insurance’. Upholding the appeal, the Court ruled that the English courts had no jurisdiction over claims brought by insurers […]
As part of the social distancing measures introduced to help deal with the Coronavirus pandemic, Jeremy Brier has been taking part in “virtual” Commercial Court hearings. Read about his experience of remote hearings during lockdown here.
