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England and Wales decisions
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The High Court refused a claimants’ application to stop the estate’s representative pursuing a Ukrainian matrimonial property regime defence and counterclaim.
The High Court held the children had become habitually resident in Kenya by mid-August 2025, so there was no wrongful retention and the mother’s return application failed.
As at the date of issue of the father's Children Act proceedings (29 July 2025), MP was habitually resident in Country B. The court found that MP's presence in England was always contingent on not exceeding 120 days per year due to tax residency, that his integration and lived experience in Country B (especially with his mother) outweighed the factors supporting habitual residence in England, and that recent experiences and connections in Country B were more immediate and substantial. Accordingly, the courts of Country B have primary jurisdiction over matters of parental responsibility for MP…
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The court found a good arguable case that an oral contract exists and that England is the appropriate forum, but the tort claims do not meet the serious issue to be tried threshold. The Permission Order is upheld for the contract claim but varied to exclude tort claims. No deliberate failure in full and frank disclosure was found, so the Permission Order is not set aside in full.
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The Defendant's pleaded and argued fraud and public policy defences have no realistic prospect of success because they do not allege or evidence fraud practised on the New York Court, nor do they show that enforcement of the New York judgment itself would be contrary to English public policy. The alleged historic or background fraud relating to the source of the funds is not sufficient to defeat enforcement of a foreign judgment under English law. There is no operative fraud, no duty of disclosure breached, and no public policy reason to refuse enforcement. The Defendant's attempt to raise th…
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Timokhin v Timokhina [2026] EWHC 1194 (KB) (19 May 2026)
The High Court refused stays of enforcement, upheld Part 36 costs consequences, and awarded interest and a payment on account after enforcing Russian judgments.
The High Court refused a stay of enforcement pending appeal or Russian bankruptcy and made Part 36 costs and interest orders after the claimant won recognition and enforcement.
Spec 1 Ltd & Ors v The Export-Import Bank of China [2026] EWHC 1162 (Comm) (15 May 2026)
The Commercial Court construed an asymmetric jurisdiction clause in a ship finance agreement and refused both a stay and anti-suit relief, allowing the English claim to proceed.
Alesayi v Bank Audi SAL [2026] EWCA Civ 551 (08 May 2026)
The Court of Appeal held that 2016 banking terms replaced the prior relationship and amounted to a new contract for CJJA consumer jurisdiction.
The Court of Appeal held that extensive 2016 banking terms amounted to a new contract for consumer-jurisdiction purposes under the CJJA, so the appeal failed.
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