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Ensuring Access to Justice: The Litigation Funding Agreements (Enforceability) Bill and the Path Forward Post-PACCAR

Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more

Reading the Riot Act to the Powerful: Strategic Lawsuits Against Public Participation

The UK Government has announced its readiness to introduce legislative reform aimed at countering the recent surge in a perceived form of tactical libel action, known in the press as “Strategic Lawsuits Against Public...more

Transcending the Challenges of Crypto Assets

In Lavinia Deborah Osbourne v Persons Unknown, Ozone [2022] EWHC 1021 (Comm), the High Court (His Honour Judge Pelling QC) confirmed that there is “at least a realistically arguable case” that non-fungible tokens (“NFTS”) are...more

UK Supreme Court decides important judgment on Business Interruption Insurance

The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”). The ruling is important for business interruption policy...more

Implied Duty of Rationality in Commercial Contracts

On 30 November 2020, the UK High Court handed down judgment in the relief phase of the case of Otello Corporation ASA v. Moore Freres & Company LLC and Last Lion Holdings Limited (BL-2018-000840). Dorsey & Whitney advised...more

UK FCA's Business Interruption Insurance Test Case Decided by High Court

On 15 September 2020, the High Court in London delivered an important judgment on liability for business interruption insurance. The ruling provides much needed clarification for policyholders, in view of the detrimental...more

UK Supreme Court Gives Landmark Ruling on Reflective Loss

The Supreme Court Judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31, handed down on 15 July 2020, clarifies and substantially confines the scope of the doctrine of reflective loss. The Court, in a majority...more

UK High Court Considers What Amounts to a Waiver of Privilege in Recent Case

On 1 June 2020, the High Court found that, by using references to their lawyers’ legal advice in support of its case that the transactions that formed the subject matter of the application were lawful, a bank had waived...more

COVID-19: UK Insolvency and Restructuring

At the present time, due to the global outbreak of Covid-19 and the international response to it, many otherwise economically viable UK businesses find themselves subject to considerable financial pressure. There are a...more

UK Corporate Insolvency and Governance Act 2020 Update

It has now been more than three months since the UK Government imposed a nationwide lockdown. Whilst certain businesses are beginning to resume operations, many still face an uncertain future....more

UK Business Interruption Policies and COVID-19

As the economic impacts of the pandemic continue, many businesses in the UK will be turning to their insurance providers to claim under their Business Interruption policies in respect of financial losses arising from...more

Legal Advice Privilege and In-house Practice: Court of Appeal Provides Welcome Guidance

Existing Test - Legal Advice Privilege (“LAP”) allows a party to withhold from disclosure communications between a lawyer and client, which are confidential and for the dominant purposes of obtaining legal advice. This...more

UK Litigation in a Post Brexit World

As in so many other areas, the effect of the decision to leave the European Union in the referendum on 23 June 2016 on litigation in England and Wales in still highly uncertain. There are a number of issues that the UK...more

London Court Of International Arbitration – New Rules Take Effect

As of 1 October 2014, the London Court of International Arbitration’s (LCIA) new rules (the LCIA Arbitration Rules 2014) take effect bringing about wholesale changes to the powers of LCIA arbitrators. The rules retain...more

10/3/2014  /  Arbitration , Arbitrators , LCIA , UK
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