Dispute Resolution

Zalina Kanametova v OSG Records Management [Europe] Limited [2026] EWHC 1196 (Comm) Incentive agreement Judge Neil Cadwallader of the Commercial Court, King’s Bench Division, within the High Court of England and Wales, held that the LCIA arbitrator’s decision was rightly issued on evidence showing the long-term incentive agreement (LTI) said to guarantee a bonus to claimant Zalina Kanametova was not binding because it had been ‘fraudulently backdated’. As a result, the LCIA arbitrator properly determined there was no jurisdiction over Kanametova’s claim for a USD 1.3 million bonus against the respondent, Cyprus-based OSG Records Management (Europe) Ltd. (referred to as OSG). Kanametova served as general director of OSG’s subsidiary, OSG Records Management Centre LLC (referred to as OSG Russia), from 2011–18. She contended that in 2015 she executed the LTI, which included an arbitration clause, and that it was also signed by Krzysztof...

In this issue: Key DR developments Claims and remedies Costs and funding Litigation Case management Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR updates 195th Practice Direction update expands digital claims process to non-monetary remedies: The Master of the Rolls and the Minister of State for Justice have approved the 195th Practice Direction update, extending the Damages Claim Portal under CPR PD 51ZB so that specified forms of non-monetary relief, described as ‘Other Remedy Claims’, can be filed online alongside a primary damages claim when both sides are represented. The reform also encompasses disputes concerning unfair relationships under the Consumer Credit Act 2006. By transferring matters previously dealt with on paper into a digital pathway, the change is designed to streamline case...

Deutsche Bank AG v Alexander Vik [2026] EWCA Civ 581 What was the background? In 2013, Deutsche Bank AG secured judgment against Sebastian Holdings Inc (SHI), a company controlled by Mr Alexander Vik, following major trading losses and unmet margin calls. SHI remained liable to the bank for more than US$360 million. In 2015, the Commercial Court, relying on CPR 71.2(1)(b), ordered Mr Vik-then an SHI director-to attend for examination and to provide information and documents concerning SHI’s assets and how the judgment debt might be met. He was personally served within the jurisdiction. Although he later resigned as director and left the jurisdiction, he did attend before Cooke J in December 2015. He was subsequently found to have lied repeatedly during that examination and to have deliberately withheld documents. Deutsche Bank then brought contempt proceedings under CPR 81, which resulted in findings of...

This Practice Note This Practice Note explores the principal procedural steps for bringing a statutory derivative claim under sections 260–264 of the Companies Act 2006 (CA 2006), covering the permission application and the test the court will apply. It offers guidance on construing and applying the relevant CPR provisions. Depending on the court dealing with your matter, you should also be alert to any additional requirements—see Court-specific guidance below. Practitioners should note that, with effect from 6 April 2023, the CPR provisions concerning derivative claims were amended. In particular, CPR 19 was updated and CPR PD 19C was amended and re-designated as CPR PD 19A. These changes did not materially alter the substance of the approach to derivative claims, but the numbering of the pertinent provisions was changed. Judgments issued before 6 April 2023 may therefore refer to the previous provisions and...

How do I file documents at court? In court procedure, “filing” has a particular meaning. Under CPR 2.3(1), it is “delivering a document or information, by post or otherwise, to the court office”. The method you use can differ depending on the court dealing with the claim. You can file documents in several ways: In electronic form, including: using CE-File electronic working (under CPR PD 5C), which is mandatory in some courts-see: Electronic filing using CE-File by email-see: Electronic filing using email through an online claims service-where a claim starts or continues online, filing will usually be via that service. For details, see Practice Note: Online dispute resolution and the digital justice system-Online County Court services for money claims In hard...

This Tracker This Tracker collates sample decisions that illuminate factors to weigh when considering whether to order alternative service on a defendant/respondent outside the jurisdiction. Please note that the service rules in Part 6 were extensively revised in 2008; earlier authorities may not reflect the current position and are therefore excluded. For examples relating to service within England and Wales, see Practice Note: Alternative service-illustrative decisions. This Tracker does not set out the core principles and should be read alongside the following Practice Notes: Alternative service-cross border considerations Alternative service-principles Alternative service-types of alternative service Serving court documents on persons unknown Alternative service-making an application For guidance on service in cross‑border matters, see Practice Note: Cross-border service-a guide for dispute resolution practitioners. That Practice Note refers to the following conventions: Hague Service Convention-for a copy of the...

Dear [ insert name of authorised recipient on behalf of counterparty ], [ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] 1 Further to our letter dated [ insert date ] (the breach notice), we write in connection with the [ insert agreement name ] dated [ insert date ] (the Agreement) entered into between [ insert client name ] (our client) and [ insert counter-party name ] ([ insert counter-party short name ])......

Private, confidential & PRIVILEGED [ Insert name and address of client ] [ insert date ] Dear [ insert name of contact at the client ] Your obligations in the disclosure process Thank you for your instructions in this matter. [ This letter sits alongside our retainer letter OR Our retainer letter will be sent separately ]. [ The purpose of this letter is to inform you that OR As we have already discussed, ] you are under a duty to the court to identify every document relevant to this case and to supply them to your opponent. This stage is known as “disclosure”. It is a fundamental part of litigation, and we therefore need to begin preparing without delay. As your legal representative, I must not only set out the nature and extent of your obligations, but also oversee the exercise to ensure you make a full and proper...

Without prejudice, save as to costs [ Sir OR Madam ], [ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] We refer to our [ open ] correspondence [ of today’s date ] (the termination notice) concerning the [ insert agreement name ] dated [ insert date ] (the Agreement) between [ insert client name ] (our client) and [ insert counter-party name ] ([ insert counter-party short name ]). As explained in the termination notice, our client brought the Agreement to an end [ in accordance with Clause [ insert number ] OR by accepting [ insert counter-party short name ]’s repudiation of the Agreement ]. The termination ensued from [ insert counter-party short name ]’s breach of the Agreement, as set out in [ our earlier letter dated [ insert date ] (breach notice) and ] the...

Clare Ambrose, Twenty Essex The party’s representative should liaise with the witness and the other side. It should seldom be impossible to resolve matters by arranging for evidence to be given remotely. Such an approach is fairly standard practice......

Interest on judgment debts Judgment debts accrue simple interest at 8% per annum until paid, unless the court decides otherwise. By default, interest runs from the date judgment is given, unless the court, a rule or a Practice Direction provides differently. The court may order interest to run from a date before judgment. For further guidance, see Practice Note: Interest on judgment debts, together with the following Practice Notes: County Court judgments and orders—additional matters Which enforcement of judgment method should I choose?—in particular, the section: Which enforcement of judgment method should I choose?—In which court should you enforce your judgment—practical considerations Transferring a judgment from the High Court to a Country Court CPR 70.3 makes provision for transfer of proceedings in question, and states that an application must be made to the High Court before an order permitting the transfer of the...

General principles—privilege and confidentiality One of the trickier problems a practitioner encounters during litigation, especially at the disclosure stage of proceedings, is protecting a client’s confidential documents and information from review by other parties and from being put before the court. A principal way to secure protection for material relevant to a dispute is to assert that it is privileged. Once it is established that a document is privileged, the holder acquires a right to refuse inspection of that document. For wider guidance on the meaning and effects of privilege, see Practice Note: Privilege—general principles. Crucially, merely labelling a document ‘privileged’ does not settle its status. To benefit from this special protection—allowing a client to maintain confidentiality and withhold inspection of a relevant document—the criteria for one of the recognised forms of privilege must actually be satisfied (see below). More generally, for a claim to...