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Law digests: 1 November 2024

01 November 2024
Issue: 8092 / Categories: Case law , In Court , Law digest
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Disclosure

Harrington & Charles Trading ­Company Ltd (In Liquidation) and others v Mehta and others [2024] EWHC 2674 (Ch)

The claimants obtained a worldwide freezing order against the family defendants in relation to an alleged fraud claim. The family defendants disclosed assets worth around $146m, including over $90m in receivables from an individual called Mr Ahli (the Ahli receivables). The first defendant, Jatin, entered into a third-party funding agreement to fund his Indian legal proceedings, with payments routed through an intermediary called Shouq Al Kathiri. The claimants were concerned about the lack of transparency around the Ahli receivables, the third-party funding agreement, and the use of Shouq Al Kathiri as an intermediary.

The court ordered limited disclosure in relation to the Indian legal proceedings, including: an affidavit from Jatin detailing how he funded the proceedings and any payments made, including through Shouq Al Kathiri; disclosure of the third-party funding agreement, subject to confidentiality restrictions; copies of Jatin’s client ledgers and office account ledgers from the Indian legal representatives; and information from Jatin

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MOVERS & SHAKERS

Browne Jacobson—Matthew Kemp

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Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
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