The English Court has set aside permission to bring proceedings against foreign defendants based on non-disclosures and subsequent conduct. By Dan Smith and Duncan Graves The recent decision in Punjab National Bank (International) Limited v Ravi Srinivasan and others [2019] EWHC 89 (Ch) provides guidance on the proper conduct of an application for service out of the jurisdiction and highlights the potential pitfalls an applicant may encounter. In particular, the decision demonstrates that a party…

An arbitration award cannot be enforced in England against a foreign State without serving the proceedings on that State through the diplomatic channels. By Robert Price In General Dynamics UK Ltd v Libya [2019] EWHC 64 (Comm), Males LJ, sitting in the Commercial Court, set aside parts of an order granting permission to enforce an arbitration award against Libya because the order was not served on the State in the manner required by the State…

The PSR will not review the fees and rules set by Visa and Mastercard, but will look at the practice of bundling, and will examine effects on innovation in card-acquiring services. By Brett Carr, Stuart Davis, and Christian McDermott Following the publication of its Draft Terms of Reference in July 2018, the PSR has now listened to market feedback and has issued its Final Terms of Reference, marking the launch of its…

The Court allows an application to extend time for bringing arbitration proceedings under section 12(3) of the Arbitration Act 1996. By Robert Price and Eleanor Scogings In the recent case of Haven Insurance Company Limited v EUI Limited (T/A Elephant Insurance)[i], the English Court of Appeal dismissed an appeal against a High Court decision granting EUI Limited (Elephant) an extension of time to bring arbitration proceedings after the expiry of a time bar.…

Applicants challenging jurisdiction must satisfy a single three-limbed test, rather than establish a ‘good arguable case’ and ‘better of the argument’. By Oliver E. Browne and George Schurr The English Court of Appeal has clarified the correct test to be applied by the English courts when adjudicating a jurisdictional challenge. In the recent case of KAEFER Aislamientos SA de CV v AMS Drilling Mexico SA de CV and others [2019] EWCA Civ 10, the Court…

Latham lawyers explain the impact of a no-deal Brexit scenario and how it will impact life sciences companies operating in the UK By Frances Stocks Allen, Hector Armengod, Christoph Engeler, and Robbie McLaren There are now fewer than three months to go until the United Kingdom’s exit from the European Union on March 29, 2019. On Jan. 15, 2019, the UK government rejected the provisional deal proposed by the prime minister and…

By Catherine Drinnan and Shaun Thompson This year has seen a significant number of business failures, particularly on the high street, as businesses have struggled in the face of market fragility and Brexit uncertainty. When a UK portfolio company is underperforming, the presence of a defined benefit pension (DB) plan with a large deficit can be a significant problem. Companies with large pension deficits require contributions that affect cash flow and make exiting more difficult…