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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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NEWS
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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NEWS
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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Pre-action protocols—overview

Reform proposals


The Civil Justice Council (CJC) issued an interim report on pre-action protocols (PAPs) in November 2021. That interim paper considered the place PAPs should occupy within a modern, increasingly digitalised civil justice system. In particular, it explored a range of reform options to the Practice Direction Pre-Action Conduct and Protocols (including 'revised draft text and a proposed joint stocktake template' at Appendix 4) and to the existing PAPs, together with the introduction of new PAPs in selected areas. No recommendations were put forward at that time; instead, the interim report was released to allow the CJC to consult as widely as possible. Having prompted substantial discussion among the legal profession and other interested stakeholders, the CJC published its final report (part 1) in August 2023. The headline recommendations were set out at para 1.7, and included:

  • the overriding objective being amended to make express reference to the need to comply with, and enforce, PAPs
  • the Practice Direction Pre-Action Conduct and Protocols being replaced by a new PAP to be included as a practice direction to CPR 1 (the General PAP), as
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