The focus during Covid-19 has been on virtual hearings and lawyers may think that this ‘expertise’ is sufficient. There are more valuable lessons to take away from this experience, however.
Whilst historically the ‘Persons Unknown’ jurisdiction was used to obtain injunctions, it is not so confined. There is no principled reason why it cannot also result in a monetary judgment.
The Angelic Grace principle is as well established in the context of anti-suit injunctions as is angelic grace in the poetry of Petrach and the music of Liszt. But the courts still show judicial pragmatism in applying it.
Litigators could perhaps be forgiven for feeling slightly baffled about guidance issued by the Cabinet Office on 7 May aimed at contracting parties of all shapes and sizes.
We look at two cases where the courts have had to strike the right balance between supporting arbitrations whilst also recognising their independence and jurisdictional limitations.