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England and Wales decisions
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The just case management solution is to hear the remitted matters and the claimant’s summary judgment application separately and sequentially, with the remitted matters first, and not to stay the summary judgment application, balancing the interests of both parties and avoiding undue prejudice to other litigants.
Source excerpt
Iconic Sports Eagle Investment LLC v Textor (Rev1) [2026] EWHC 514 (Comm) (06 March 2026)
The Commercial Court ordered separate, sequential hearings for remitted issues and a summary judgment application, with expedition for the remitted matters.
The High Court granted summary judgment for Cindat, rejecting Oaktree’s bid to rectify a shareholders’ agreement to narrow a put option.
Cindat Nephthys Holding Ltd v Hunter Holdings Ltd [2024] EWHC 1202 (Comm) (21 May 2024)
The High Court granted summary judgment for Cindat, rejecting Oaktree’s bid to rectify a shareholders’ agreement put option clause.
UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017] EWHC 2398 (Comm) (05 October 2017)
Commercial Court decision dismissing a section 68 challenge to an arbitration award, holding there was no serious irregularity or unfairness in the tribunal’s reasoning.
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