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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...
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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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...
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Strike out for abuse of process–basis of application Under CPR 3.4(2)(b), the court has power to strike out a statement of case where it considers the pleading to be an abuse of the court’s process, or where it is otherwise likely to impede the just disposal of the proceedings. It follows that an application to strike out on this basis can properly be advanced by any party against the relevant statement of case, namely: a claimant, in respect of a defence or a counterclaim a defendant, in relation to a claim a third party defendant (Part 20 defendant), concerning a claim brought against it As noted in Practice Note: Strike out—court’s inherent jurisdiction and discretion, the court may equally choose to strike out a statement of case on its own initiative. For comprehensive guidance on the approach to strike out and summary judgment, see: Summary judgment and strike out—overview. Note: there is some overlap between applications to strike out for abuse under CPR 3.4(2)(b) and the doctrine of res judicata, as well as Henderson abuse; see Practice Note: Res judicata and Henderson abuse...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
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