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High Court of England and Wales upholds LCIA award declining jurisdiction; fraudulently backdated LTI not binding; s67 application over USD 1.3 million bonus dismissed

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...

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UK Dispute Resolution Highlights: CPR digital claims, AI research warning, key case law on unfair prejudice, CFAs, costs and service; consultations, Scottish updates and diary dates-28 May 2026

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...

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Court of Appeal (England and Wales) upholds inherent jurisdiction to compel further CPR 71 examinations despite departure/resignation-Deutsche Bank v Vik

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...

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NEWS
195th PD Update: DCP to accept digital issuing of ‘Other Remedy’ claims (injunctions, declarations, rescission) and CCA 2006 unfair-relationship claims (England and Wales)

The Master of the Rolls and the Minister of State for Justice have approved the 195th Practice Direction (PD) Update, expanding the reach of the Damages Claim Portal (DCP) in CPR PD 51ZB so that specified non-monetary claims-termed ‘Other Remedy Claims’-can be lodged online alongside a principal damages claim, provided both sides have legal representation, rather than relying on paper filing. It further includes within scope disputes concerning unfair relationships under the Consumer Credit Act 2006, extending the update’s application. This reform shifts matters presently dealt with on paper into a digital workflow to enhance efficiency, aligning connected remedies with the same online route as the main damages claim. The amendments take effect on 27 May 2026. The additional category spans three remedies: injunctions, declarations and rescission. Sources: The 195th Practice Direction Update 195th UPDATE – PRACTICE DIRECTION...

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Determining interim applications—overview

Determination of applications Determination of an application at a hearing


Once a party lodges an application seeking a hearing, the court will advise the applicant, in due course and by formal notice, of the date, time and venue for that hearing. It is then vital to settle the timetable of steps before the hearing, including deadlines to file and serve the necessary documents, clearly recorded and properly scheduled where applicable. Rules vary with the court in which the application is listed, so you should consider not only the CPR but also the directions contained in the relevant court guide. There are likewise several practical points to address during the hearing as well.

For further guidance, see Practice Notes:

  • Preparing for an application hearing
  • Determination of an application at a hearing
  • Adjourning interim hearings
  • Remote
...
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This Practice Note offers guidance on completing the most frequently used application notice, form N244. It also explains how to interpret and apply the relevant CPR provisions. Depending on the court handling your case, you may need to consider further requirements—see the section Court specific guidance below. Notably, the Commercial Court and the Circuit Commercial Courts use their own versions of an application notice. For assistance, see Practice Note: The application notice in the Commercial Court—form N244(CC)... What is an application notice? An application notice is the document by which an applicant signals an intention to seek a court order (CPR 23.1). A document will qualify as a valid application notice provided it: states the order sought and, in brief, the reasons for it (CPR 23.6) is signed and sets out (CPR PD 23A, para 2.1): the title of the claim the claim reference number the applicant’s full name where the applicant is not already a party, their address for service, including a postcode—see Practice Note: Serving documents (excluding the claim form, particulars of claim...

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This Practice Note offers direction on how to interpret and apply the pertinent provisions of the CPR. The requirements can vary by the court hearing your case, so you should also consider any extra provisions—see further Court specific guidance below. What is the difference between an on notice and a without notice application? An application is ‘on notice’ where a copy of the application notice is served on the respondent in advance, that is, before the court determines the application. A ‘without notice’ application is made without serving a copy of the application notice on the respondent at all at that point. Such applications are sometimes called ‘ex parte’ applications. For assistance on serving applications, see Practice Note: Filing and serving applications...

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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

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