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England and Wales decisions
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The High Court refused to set aside service on Spanish defendants after a Spain accident, and allowed the first defendant’s Part 20 contribution claim to be served out.
Playtech Software Ltd v Realtime SIA & Anor [2025] EWCA Civ 1472 (21 November 2025)
The Court of Appeal held that a trade secrets claim against Latvian defendants did not satisfy the jurisdiction gateway because direct damage was sustained in Latvia.
The Court of Appeal held that Latvian law applied to Playtech’s trade secrets claim, and that England and Wales was not the proper forum.
Argyle UAE Ltd v (McKellar & Anor [2025] EWHC 1258 (Ch) (27 May 2025)
The court held that McKellar breached fiduciary duties by causing an unjustified company payment, but Verity’s knowing receipt claim failed.
Commercial Bank of Dubai PSC & Ors v Al Sari & Ors (Malicious Prosecution)(Rev1) [2025] EWHC 400 (Comm) (27 February 2025)
The High Court held that DIFC law governed malicious prosecution claims arising from DIFC proceedings, so the claims were not arguable because DIFC law did not recognise the tort.
Magomedov & Ors v TPG Group Holdings (SBS) LP & Ors (Rev1) [2025] EWHC 59 (Comm) (17 January 2025)
The Commercial Court largely struck out or dismissed claims arising from alleged NCSP and FESCO conspiracies, finding most defendants faced no serious issue to be tried.
McCarthy v Proctor & Anor [2025] EWHC 25 (Ch) (10 January 2025)
The High Court struck out a Part 20 debt and restitution claim as time-barred, rejecting reliance on acknowledgment, part payment, mistake, and Dubai law.
A party who wishes to contend at trial that the presumption of similarity between foreign and English law does not apply is not required to plead that assertion. The presumption is an evidential inference, not a material fact, and its application is limited to circumstances where it is reasonable. The absence of a specific pleading does not preclude a party from arguing the presumption should not apply. Case management and fairness do not require exclusion of the argument at this stage.
Source excerpt
It would be manifestly contrary to public policy, taking into account A's best interests as a primary consideration, to apply Spanish law as designated by Article 16(3) of the 1996 Hague Convention to allow D's parental responsibility for A to subsist in England, where that status was acquired by fraud, D is a stranger to A, and the situation is corrosive of A's identity and welfare. Therefore, Article 22 is engaged and D does not have parental responsibility for A in England and Wales.
Source excerpt
The court preferred the defendants’ multiple regression analysis methodology for overcharge, with adjustments for endogeneity and post-cartel effects, resulting in overcharge rates of 8% (monitors), 4% (notebooks), and 14% (TVs). Upstream pass-on and umbrella effects were found to be 100%. Downstream pass-on was assessed at a blended rate of 65%. The applicable law for all claims is English law, incorporating EU law, as the most significant elements and effects occurred in England and Wales. The claims are not time-barred, as a reasonably diligent insolvency practitioner would not have discov…
Source excerpt
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