In a landmark victory for the Republic of India, the Commercial Court has held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards solely by reason of its...more
5/1/2025
/ Arbitration Awards ,
Bilateral Investment Treaties ,
Commercial Litigation ,
Dispute Resolution ,
Enforcement Actions ,
International Arbitration ,
Jurisdiction ,
New York Convention ,
Sovereign Immunity ,
State Immunity Act 1978 (the SIA) ,
UK
In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more
A challenge to a Court judgment on grounds of fraud brings into conflict two fundamental principles of English law: (i) the finality of judgments; and (ii) the principle that fraud unravels all. Given the importance of the...more
The Court of Appeal has confirmed in Bank St Petersburg PJSC v Vitaly Arkhangelsky that the correct standard of proof where issues of dishonesty arise is not a ‘heightened’ civil standard, but the balance of probabilities....more
4/2/2020
/ Appeals ,
Burden of Proof ,
Complex Litigation ,
Counterclaims ,
Evidentiary Rulings ,
Evidentiary Standards ,
Fraud ,
Pleading Standards ,
Remand ,
Reversal ,
Standard of Review ,
UK
National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more
3/5/2020
/ Admissible Evidence ,
Banks ,
Breach of Duty ,
Bribery ,
Burden of Proof ,
Circumstantial Evidence ,
Civil Conspiracy ,
Cross Examination ,
Document Productions ,
Fraud ,
Litigation Strategies ,
Pleading Standards ,
Pleadings ,
Ponzi Scheme ,
Shareholders ,
Standard of Proof ,
UK ,
Witness Statements
In Vneshprombank LLC v Georgy Bedzhamov and ors [2019] EWCA Civ 1992 the Court of Appeal reaffirmed the approach to ascertaining the "ordinary living expenses" of a respondent to a freezing injunction....more
In Rogachev v Goryainov [2019] EWHC 1529 (QB) the High Court discharged a freezing injunction for non-disclosure at the return date hearing and refused to grant further injunctive relief highlighting the significance of full...more