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England and Wales decisions
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Direct Investments Ltd v Mittal-Goenka & Ors [2026] EWHC 460 (Comm) (20 February 2026)
The Commercial Court held that defendants must particularise Swiss and UAE law first, reinforcing prior case-management directions on foreign-law evidence.
The court ordered the defendants to particularise their Swiss and UAE law case first, upheld an anti-dilution borrowing order over secured property, and reduced costs.
The claims are summarily dismissed as they are time-barred under Qatari law, the claimant lacks standing to sue for losses belonging to Ettizan or KRIC, no viable cause of action is pleaded, and there is no cogent evidence that Qatar is unavailable or would not deliver justice. The evidence of Qatari law relied upon by the claimant is unreliable and cannot be given weight.
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NMC Health PLC v Ernst & Young LLP [2025] EWHC 1048 (Comm) (02 May 2025)
The High Court discharged confidentiality undertakings over the NMC Health settlement agreement and related documents, finding no real risk of UAE prosecution.
Berebon & Ors v The Shell Petroleum Development Company of Nigeria Ltd [2025] EWHC 847 (TCC) (25 March 2025)
The High Court allowed an amendment to plead a mandatory injunction over oil-spill remediation, and admitted contested evidence and Nigerian law expert evidence for trial.
Permission to amend the Particulars of Claim is granted as the issues raised, including the act of state doctrine and adequacy of clean-up, remain matters for trial and are not obviously bound to fail at this stage. Permission is also granted for claimants to rely on contested evidence and for defendant to adduce Nigerian law expert evidence, including subsequent developments affecting the statutory regime and mandatory injunctions.
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The High Court held that service on a Hong Kong company by leaving the claim documents at its registered office was valid under Hong Kong law and refused the declaration sought.
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.
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The reference to 'a claim' in Section 423(3) Insolvency Act 1986 is not limited to claims with a realistic prospect of success or enforceability; it includes any claim or potential claim, regardless of merit. The focus is on the subjective intention of the transferor. Arguments seeking to limit Section 423 to claims with substantive merit or to exclude foreign sovereign claims on public policy grounds are incorrect in law and are struck out. Issue estoppel arises from the Deputy Master's prior decision on this point, precluding re-argument. The court's discretion under Section 423(2) is narro…
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Dobrowolski v District Court in Bydgoszcz, Poland [2023] EWHC 763 (Admin) (31 March 2023)
High Court extradition appeal allowed under Article 8 ECHR after weighing mental health, time served, likely early release in Poland, and delay.
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