Jakob Reckhenrich on the court’s approach to requests to pay judgments by instalments. Jakob analyses the relevant provisions of the Civil Procedure Rules (CPR) and the recent case law interpreting those provisions.
- Clerk Name: David Fielder
- Clerk Telephone: 020 7583 8055
- Clerk Email: firstname.lastname@example.org
Jakob Reckhenrich specialises in commercial and contractual disputes. He joined 3PB after completing pupillage at Monckton Chambers and working as a judicial assistant in the Commercial Court, where he assisted Mrs Justice Cockerill, Mr Justice Butcher and Mr Justice Jacobs.
Jakob is regularly instructed at all stages of proceedings, providing advice, settling pleadings and appearing in court at interlocutory hearings and trials. Jakob welcomes instructions in all commercial matters. He has a particular interest and experience in claims relating to points of agency law, misrepresentation, the law of guarantees, restraints of trade, duress, estoppel arguments, termination of agreements, incorporation of terms and penalty clauses, deceit and conspiracy and the enforcement of settlement agreements. Jakob is also experienced in dealing with international matters. He is currently instructed in a dispute between an English and a European company and, at the Commercial Court, frequently assisted in international matters, including Dynasty Co for Oil and Gas Trading Ltd v Kurdistan Regional Government of Iraq  EWHC 952 (Comm), which concerned state immunity and forum non conveniens, and Transfer Wise Inc v Decker  EWHC 1777 (Comm), which concerned an application to set aside an order enforcing an arbitration award made in the US.
Jakob came to the Bar after working as an academic philosopher for a few years, completing his PhD and teaching at Brown University after studies at University College, Oxford and in Berlin. He also spent half a year working in the corporate strategy department of a major German group of companies.
His written work has been praised as “succinct” and “superbly analytical”; his legal research has been described as “especially impressive”. In his oral advocacy Jakob draws on his many years of teaching philosophy and giving conference papers. His advocacy has been described as “very much at the top end of the range”.
Jakob is fluent in German and has a working knowledge of French.
Outside his work, Jakob keeps trying to become a proficient pianist, alas, with no great success.
Jakob accepts instructions across the whole range of commercial disputes.
Recent work includes:
- Advising in relation to a dispute between an English and a European company concerning breach of a distribution agreement
- Acting for a garage in a dispute concerning the restoration of a classic car
- Acting for the claimant in an enforcement action brought on a settlement agreement
- Successfully resisting an application for indemnity costs after a claim had been struck out
- Acting for the seller of a yacht
- Acting for a marina in a dispute concerning berthing charges
- Acting for the claimant in a claim for liquidated damages for breach of a non-compete clause
- Settling pleadings in a claim brought on the basis of breach of warranty of authority and deceit
- Advising on the merits of resisting a claim on the basis of misrepresentation and estoppel by convention
- Appearing in a range of interlocutory hearings, including strike out and summary judgment applications, set aside applications, relief from sanctions applications applications to join parties to proceedings and case management conferences
Work at the Commercial Court included assisting on the following cases:
- Salt Ship Design AS v Prysmian Powerlink SRL  EWHC 2633 (Comm)
The case concerned the question whether Prysmian had breached an agreement with Salt by engaging a third party designer and whether, in making certain documents available to that designer, Prysmian had committed a breach of confidence.
- Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd  EWHC 1094 (Comm)
The case concerned the relationship between sections 32 (preliminary declarations as to jurisdiction) and 72 (right of non-participating parties to challenge jurisdiction) of the Arbitration Act 1996.
- Global Display Solutions Ltd v NCR Financial Solutions Group Ltd  EWHC 1119 (Comm)
GDS brought a claim in breach of contract, deceit and unlawful means conspiracy on the basis that NCR had knowingly provided inaccurate forecasts of its likely demand so that GDS would not realise it was going to be phased out as a supplier.
- Dynasty Co for Oil and Gas Trading Ltd v Kurdistan Regional Government of Iraq  EWHC 952 (Comm)
A successful jurisdiction challenge by the former Minister for Natural Resources of the Kurdistan Regional Government of Iraq. The application succeeded on the basis of the minister being entitled to sovereign state immunity; alternatively the court would have allowed a challenge on the basis of forum non conveniens.
- Numerous interim applications, including anti-suit injunctions, freezing orders and contempt of court applications.
Work during pupillage included assisting on the following matters:
- Advice on the court’s approach to the exercise of a contractual discretion.
- Advice on the merits of bringing a claim against a parent company on the basis of a contract concluded with a subsidiary where the contract had in effect been performed by the parent.
- Advice on the likelihood of obtaining a freezing order.
- Skeleton argument for an LCIA arbitration concerning a misrepresentation claim.
Q: Can I pay my judgment by instalments? A: Probably not.15th Mar 2022
High Court considers exclusion of abatement and the scope of section 49(2) of the Sale of Goods Act 197922nd Nov 2021
3PB’s Jakob Reckhenrich has analysed the case of Readie Construction Limited v Geo Quarries Limited  EWHC 3030 (QB) and identifies that the judgment of this case will now make it easier for a party to bring itself within section 49(2) of the Act, showing that the time for payment is other than the day of delivery may well be sufficient to show that “the price is payable on a day certain irrespective of delivery”. Secondly, the courts may be more willing than they once were, to construe a no set-off clause as extending to abatement (particularly where the word “reduction” is used).
Clients find Jakob a pleasure to work with, praising his technical ability, responsiveness and commercial sense. Recent feedback includes:
“Jakob was very much on top of the brief and his advocacy was excellent.”
“I was very impressed with Jakob. His drafting was spot on, as was his advice on the claim and his tactical comments.”
“Excellent and thorough advice.”
“I have been very impressed with [Jakob’s] work over a number of matters.”
- Brown University, PhD in philosophy
- University College, Oxford, BPhil in philosophy
- Humboldt Universität zu Berlin, BA in philosophy, politics and sociology
- Phonenicia Scholarship, Bar European Group
- Lord Mansfield Scholarship, Lincoln’s Inn
- BPTC partial fee scholarship, City Law School
- Lord Brougham Scholarship, Lincoln’s Inn
- Hardwicke Entrance Award, Lincoln’s Inn
- GDL partial fee scholarships, City Law School
- Fully funded PhD, Brown University
- Master’s scholarship, DAAD (German Academic Exchange Service)
Professional qualifications & appointments
- The City Law School, BPTC, Outstanding
- The City Law School, GDL, Commendation
- Honourable Society of Lincoln's Inn
- Commercial Bar Association (COMBAR)