Mondaq UK: Litigation, Mediation & Arbitration
Akin Gump Strauss Hauer & Feld LLP
International Construction Arbitration has received a shock. Consistent with the leading textbooks
Charles Russell Speechlys
While a good trial bundle may not win a case, a bad one may damage it. One of the challenges for practitioners, particularly in document-heavy cases, is what should go in the bundle
DAC Beachcroft LLP
The Court of Appeal has examined a notification of circumstances which "might reasonably be expected to produce a Claim" in its recent decision in Euro Pools Plc v Royal & Sun Alliance Insurance Plc.
Clyde & Co
Sometimes it is better for a registrant not to give evidence to a fitness to practise panel. And they can do so safe in the knowledge that the panel cannot draw any adverse inferences – until now.
DAC Beachcroft LLP
In Woodward & another v Phoenix Healthcare Distribution Ltd1 the Court of Appeal applied the Supreme Court's decision in Barton2 and found that the Defendant had no duty to correct
DAC Beachcroft LLP
As of 1 May 2019, a new Code for Completion by Post has been implemented by the Law Society in light of last year's decision in Dreamvar (UK) Ltd v Mishcon de Reya and P&P Property
Herbert Smith Freehills
On Wednesday morning (Singapore time), the United Nations Convention on International Settlement Agreements Resulting from Mediation,
DLA Piper
The airspace above and subsoil below a highway often has significant development value (or ransom potential), especially in more densely populated urban areas, where space is at a premium.
Clyde & Co
In Cape v Dring [2019] EWCA Civ 1795, the Supreme Court has made clear the breadth of the courts' jurisdiction to allow third parties to access documents held by the courts in relation to litigation
DAC Beachcroft LLP
The Supreme Court has confirmed the principles governing whether a non-party can obtain documents from the court file – and to what documents a non-party is entitled.
Clyde & Co
In considering an appeal resulting from the sexual assault of a hotel guest, the Supreme Court has unanimously concluded that guidance from the Court of Justice of the European Union is required.
DLA Piper
On 19 July 2019, DLA Piper successfully obtained a final anti-suit injunction order in the High Court before His Honourable Mr Justice Jacobs.
Herbert Smith Freehills
The court disagreed with Lord Hoffman's (obiter) observations in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 that, even for the second limb above, the test is purely objective and subjective intentions are irrelevant.
Herbert Smith Freehills
As in many jurisdictions, class actions are becoming more frequent in the the English courts. A body of case law is building up, and that will be added to by three cases which are to go the Supreme Court, as discussed...
Herbert Smith Freehills
In a sign of the extent to which class actions have become part of the mainstream of English litigation, the Supreme Court has recently given permission to appeal
Herbert Smith Freehills
The Supreme Court has held that the English courts did not have exclusive jurisdiction to hear certain claims brought by an English subsidiary company against Turkish domiciled defendants
Clyde & Co
The Supreme Court has confirmed the extent of a non-party's right to obtain documents used in court proceedings, and the principles to be applied when such a request is made.
Mayer Brown
In August 2018, we reported on the Court of Appeal's decision in this important case
Herbert Smith Freehills
The Swiss Chambers' Arbitration Institution has announced the release of revised Swiss Rules of Mediation, which entered into force on 1 July 2019.
Herbert Smith Freehills
Today at a ceremony in Singapore, the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention, has been signed.
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Shepherd and Wedderburn LLP
Mediation is a powerful process – and is a valuable mechanism for resolving disputes, particularly international disputes.
Herbert Smith Freehills
In Sabbagh v Khoury and others, [2019] EWCA Civ 1219 (available here), the English Court of Appeal partly upheld the injunction granted by the Commercial Court restraining
Withers LLP
Assisted dying is a hotly debated topic.
Gowling WLG
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
Expatriate Law
When a marriage has been short, contributions are more likely to be relevant in the context of determining the division of assets and determining what is and what is not matrimonial property.
DLA Piper
In 2018 and the first half of 2019, there were a number of important developments in class actions.
Clyde & Co
The increased digitalisation of commercial transactions has encouraged criminals to find new ways to defraud their
DAC Beachcroft LLP
Claims against professional advisors, such as accountants, auditors and tax consultants often take months and even years to develop and reach fruition and, in many cases, claims will disappear altogether after...
Dentons
Combating financial crime is a serious issue for firms in the regulated sector and brings with it many challenges for compliance and legal practitioners.
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).
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