Summary Judgment: Win Without a Trial?
Yes, if the other side has no real prospect of winning. This guide explains the CPR Part 24 test, who can apply, the 14, 7 and 3 day timetable and what the court can order.
Yes, if the other side has no real prospect of winning. This guide explains the CPR Part 24 test, who can apply, the 14, 7 and 3 day timetable and what the court can order.
The Supreme Court has settled a question that has troubled cross-border insolvency practitioners for years: whether a creditor can petition for bankruptcy using a foreign judgment that has never been through English recognition proceedings. Drelle v Servis-Terminal LLC [2026] UKSC 29 confirms they can, reshaping the options available to creditors holding judgments from Russia, the US, China and other non-treaty jurisdictions, while leaving debtors’ substantive defences firmly intact. Here’s what changed, and what it means for you.
The Court of Appeal in London International Exhibition Centre plc v Allianz & Ors [2024] EWCA Civ 1026 upheld the High Court’s ruling that policyholders can recover COVID-19 business interruption losses under “at the premises” disease wordings, holding that each case of COVID-19 at the insured premises formed part of the concurrent cause of national closure orders.
The High Court refused Sampson Coward LLP’s application for summary judgment in Manolete Partners Plc v Sampson Coward LLP [2023] EWHC 37 (Ch), allowing a £2 million claim concerning alleged mismanagement of escrow accounts during UK Property and Land Specialists Ltd’s insolvency to proceed. The ruling highlights the complexity of fiduciary breaches in escrow arrangements and confirms assignees’ rights to pursue breach of undertaking claims under the Insolvency Act 1986.
In the recent case of Ulster Bank DAC and Ors v McDonagh and Ors, the Court of Appeal confirmed that, as debt recovery cases are not considered actions for “damages”, the Civil Liability Act 1961 (CLA) does not apply to them.
The High Court has ruled that commercial leases were not “temporarily frustrated” by the coronavirus (COVID-19) pandemic and therefore the tenants were still obliged to pay rents to…
In TKC London Ltd v Allianz Insurance plc [2020] EWHC 2710, the Commercial Court considered a company and its insurer’s arguments on policy wording relating to business interruption following losses arising from COVID-19 closures, awarding summary judgment in favour of the insurer.