Mondaq UK: Litigation, Mediation & Arbitration
DLA Piper
In 2018 and the first half of 2019, there were a number of important developments in class actions.
Clyde & Co
As technology has increased, there has been an inevitable proliferation in the number of electromagnetic and radiofrequency field sources that people are exposed to on a daily basis.
Clyde & Co
The Court of Appeal in Woodward and Another v Phoenix Healthcare Distribution Limited [2019] EWCA Civ 985 has unanimously dismissed an appeal against a judgment of the High Court.
Charles Russell Speechlys
This point was considered recently by the High Court (Technology and Construction Court) in the case of Moorjani & Others v. (1) Durban Estates Limited (2) Ivor Court Freehold Limited [2019] EWHC 1229
Shepherd and Wedderburn LLP
In a substantial report, canvassing a range of issues, the Expert Group on Mediation in Civil Justice in Scotland has reviewed the position of mediation in Scotland.
DAC Beachcroft LLP
The Supreme Court has handed down its long awaited decision in Lachaux v Independent Print Ltd [2019] UKSC 27
J A Kemp
The EPO's Administrative Council approved amendments to the Rules of Procedure of the Boards of Appeal (RPBA) at its 160th meeting on 26 and 27 June 2019 (see here).
Shepherd and Wedderburn LLP
ADR is any alternative process used to resolve a dispute without involving the court. Court action can be incredibly expensive, time consuming and sometimes unpredictable.
Clyde & Co
The High Court has refused an application by Tata Steel to have limitation tried as a preliminary issue in respect of a group action alleging historic exposure to dust and fumes at work.
DAC Beachcroft LLP
It is widely regarded that fencing land is an essential ingredient to establish a claim for adverse possession, but a recent Court of Appeal case has held that the act of paving can be sufficient.
Gowling WLG
What does it mean if a letter or email you receive is marked "without prejudice" (WP) or if the other party to the dispute proposes a without prejudice discussion?
Clyde & Co
The Supreme Court decision in Barton v Wright Hassall provided clarification on how litigants-in-person should be treated in the civil litigation process.
Clyde & Co
Modernising the legal system for the 21st century has taken a small step forward with the introduction of the Courts and Tribunals (Online Procedure) Bill to the House of Lords
Gowling WLG
The recent Commercial Court decision in K & Others v P & Others provides a rare example of a party successfully challenging an arbitral award on grounds of serious irregularity.
DAC Beachcroft LLP
The fear of potential criminal investigation felt by many healthcare professionals in the wake of an unexpected patient death again comes under the spotlight in a new report
Clyde & Co
The passage of the Civil Liability Act last year started the countdown to the introduction of several changes which will dramatically alter the landscape of whiplash claims and the motor claims market
DAC Beachcroft LLP
This case was handled by DAC Beachcroft's Counter-Fraud Department on behalf of the Defendant following instructions from his insurers NIG which saw the Claimant provide an interesting response
Clyde & Co
Clyde & Co are pleased to report the successful defence of a claim after the injured party suffered damage to his left hand when he attempted to vault over a fence surrounding a park.
DAC Beachcroft LLP
The High Court has given a powerful illustration of the potential impact of historic abuse claims in its recent reported judgment in the very sad case of FZO v Adams and Haringey London Borough Council (2019).
Shepherd and Wedderburn LLP
In November 2003 the then Justice 1 Committee held an evidence session with John Sturrock QC on Alternative Dispute Resolution (ADR).
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Shepherd and Wedderburn LLP
In November 2003 the then Justice 1 Committee held an evidence session with John Sturrock QC on Alternative Dispute Resolution (ADR).
Mayer Brown
The Court of Appeal's recent decision in Jofa Ltd & Anor v Benherst Finance Ltd & Anor1 provides a timely reminder of issues that commonly arise, as well as important practical guidance
Clyde & Co
Where a registrant wants to appeal the decision of their regulator, there are statutory time limits for bringing the appeal. If a deadline is missed by only a handful of days, will the court exercise
Haseltine Lake Kempner LLP
A recently reported case in the High Court of England and Wales has shed further light on how patent claims are being interpreted in the UK following the 2017 landmark decision of the Supreme Court in Actavis v Eli Lilly.
Mayer Brown
What options are available to a party which finds itself pressured to enter into a contract?
Clyde & Co
Poole Borough Council v GN and Another [2019] UKSC 25
HGF Ltd
In decision T1063/18, a EPO Technical Board of Appeal created controversy in ruling that the jurisprudence of the Enlarged Board of Appeal took precedence over Rule 28(2) of the EPC.
Haseltine Lake Kempner LLP
Abbott has commenced patent infringement proceedings, and applied for an interim injunction against Edwards.
DAC Beachcroft LLP
The duty of care owed by Social Workers to children who they seek to protect has been a roller coaster ride over the last few years.
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
This quarter's issue includes summaries and associated court opinions of selected cases principally decided between February and April 2019.
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