United Kingdom, RPC updates

Litigation

Contributed by RPC
Full and frank disclosure means more than just putting relevant matters in evidence – a new year warning
  • United Kingdom
  • 14 January 2020

New year, new reminder of the obligation to make full and frank disclosure in without notice applications, this time in the context of a falling out within the UK Independence Party. The obligation can be satisfied only by drawing the court's attention to legal or factual matters which could undermine the applicant's own application; it is not enough to simply put relevant matters in evidence before the court.

Freezing orders: when will past conduct show a real risk of dissipation?
  • United Kingdom
  • 07 January 2020

In Lakatamia Shipping Co Ltd v Morimoto, the Court of Appeal overturned a decision to discharge a worldwide freezing order. According to the court, evidence that the respondent had previously assisted her son to dissipate assets, while being aware of an earlier freezing order and judgment against him, demonstrated a real risk of dissipation if a second freezing order was not continued against her.

Guaranteed to fail? Oral funding arrangements may be enforceable
  • United Kingdom
  • 24 December 2019

Funding arrangements should be in writing or at least impose a primary obligation on the funder to pay. So said the Court of Appeal when exploring whether an oral arrangement to fund a litigant was an unenforceable guarantee or an enforceable agreement to pay in any event. This case shows that as with all contracts, recording them in writing gives all parties certainty.

Oral contract does not prevent agent from being paid in circumstances not catered for in contract
  • United Kingdom
  • 10 December 2019

​In a recent case, the Court of Appeal held that an oral contract for a specified introduction fee payable to an agent if a property sold at a particular price did not prevent the agent from being remunerated when that property was sold for a lesser sum (despite the contract being silent on the matter). However, the sum awarded by the court was significantly lower than the introduction fee specified in the contract.

Unfair prejudice saga – Court of Appeal tries to impose some order
  • United Kingdom
  • 03 December 2019

The Court of Appeal recently sought to impose some order on an unfair prejudice petition which had been mired in wrangling over pleadings for six years. The decision shows that parties presenting an unfair prejudice petition should ensure that it sets out the grounds for relief as these cannot, in general, later be extended in the points of claim. Where points of claim lack particularity or disclose no basis for the relief sought, requests for further information or applications to strike out should be brought promptly.


Current search