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England and Wales decisions
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The Upper Tribunal held it had no jurisdiction over the Final Notice, found no s393 FSMA identification of KiakiaFx, and refused suspension and privacy.
The High Court refused most proposed amendments to pleadings in a contract and IP dispute, finding the oral-contract case lacked coherence, detail and evidential support.
Total Electric Solutions Ltd & Anor v Nortek Electrical Circuits Ltd [2026] EWHC 404 (Ch) (27 February 2026)
The High Court refused permission to amend pleadings in a contract and IP dispute, finding the proposed oral contract, implied terms, and Ardent claims insufficiently pleaded and unsupported.
There is a good arguable case that the SPA's exclusive jurisdiction clause applies to disputes involving third parties asserting rights under clause 10.3, and that the Contracts (Rights of Third Parties) Act 1999 obliges such third parties to enforce their rights subject to the jurisdiction clause. Therefore, Mr Campeau was entitled to serve the claim form out of the jurisdiction without permission under CPR r. 6.33(2B).
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The High Court struck out a shareholder’s contract claim, holding the loss was reflective loss and that clause 20.1.2 did not give him third-party enforcement rights.
The Commercial Court considered anti-suit relief arising from Greek proceedings against Viva Wallet directors and contractual restraints in a shareholders’ agreement.
Extension of receivership and variation of delivery period are justified due to risk of asset dissipation, delay in criminal restraint order, and enforcement difficulties; third party interests are protected by liberty to apply and CPR rule 40.9.
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The Court of Appeal held that insurance proceeds paid to an insolvent design company were not held on trust for the claimants and belonged to the company beneficially.
The Russian proceedings against JPM Entities are in substance attempts to enforce English law contractual obligations in breach of wide arbitration agreements and are vexatious and oppressive, seeking to circumvent English law and UK sanctions. Affiliates are entitled to enforce arbitration agreements under the 2017 Terms. Anti-suit and anti-enforcement injunctions are granted; VTB's jurisdictional challenge fails.
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The proposed amendments do not introduce a new cause of action or new facts but provide further detail to the existing claim. Even if a new cause of action is arguable, it arises out of substantially the same facts. The pleas regarding transferred loss and third party rights are reasonably arguable but require further particularisation. Permission to amend is granted, subject to the right of the first defendant to apply to strike out, for summary judgment, or for determination of a preliminary issue.
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