The Law Commission’s Final Report on the Arbitration Act 1996 makes a modest number of important recommendations for reform.
On 6 September 2023, the Law Commission concluded its review of the Arbitration Act 1996 (the...more
A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement.
The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more
5/3/2023
/ Appeals ,
Arbitration ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Judicial Remedies ,
Jurisdiction ,
Limitation Periods ,
Mandatory Arbitration Clauses ,
UK ,
Unenforceable Contract Terms
A recent decision reminds litigants about the dangers of referring to legal advice in witness statements.
The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more
The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more
12/19/2022
/ Affirmative Defenses ,
Arbitration ,
Breach of Contract ,
Commercial Litigation ,
Contract Disputes ,
Contract Formation ,
Contract Interpretation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Damages ,
Dispute Resolution ,
Good Faith ,
Indemnification ,
Misrepresentation ,
Rules of Civil Procedure ,
UK
The Court of Appeal reiterates the importance of the specific context in interpreting contractual good-faith duties.
English law does not include a general implied duty of good faith. However, the English courts are...more
The ruling is also a reminder of the circumstances in which the court may order indemnity costs for such failures.
On 29 July 2022, the UK High Court ruled in Cabo Concepts Limited v. MGA Entertainment (UK) Limited that...more
Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more
1/5/2022
/ Breach of Contract ,
Business Torts ,
Commercial Litigation ,
Contract Disputes ,
Contract Formation ,
Contract Interpretation ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Fraud ,
Remedies ,
Rules of Civil Procedure ,
UK ,
UK Brexit
Mr Justice Hacon finds that procedures for applying for permission to appeal are not altered by the COVID-19 Protocol. In Claydon v. Mzuri, Mr Justice Hacon of the High Court has found that the COVID-19 Protocol does not...more
The ruling confirmed that Section 423 of the Insolvency Act 1986 has extensive international reach, and does not require a transaction at an undervalue to leave the debtor with insufficient assets.
Background -
The...more
The decision confirms that company voluntary arrangements remain a flexible tool for restructuring leasehold portfolios.
Key Points:
The judge rejected each of the landlords’ arguments, confirming that:
..A CVA...more
Will the UK join the Lugano Convention 2007?
Conflicting reports have emerged in recent days as to whether the EU will approve the UK’s application to join the Lugano Convention 2007, the UK’s preferred regime for...more
The courts of England are some of the most established for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to civil litigation are robust and provide a clear framework for the...more
The EU-UK Trade and Cooperation Agreement has now been agreed. So what rules will apply to jurisdiction and foreign judgments in the UK from 1 January 2021?
Introduction -
It has been a long time in the making, but the...more
The Court found that the Administration of Justice Act 1920 should be interpreted purposively rather than literally.
The English Court of Appeal has considered for the first time whether the Administration of Justice Act...more
English law, courts and arbitral tribunals may become more relevant and popular after Brexit, not less.
Introduction -
English law, courts, and arbitral tribunals may become more relevant and popular after Brexit, not...more
Accounting for 30% of the world’s population and 30% of global GDP, the bloc is larger than the European Union.
As the United Kingdom continues to negotiate trade agreements with the European Union and other trading...more
Four recent developments highlight the benefit of arbitration clauses amidst uncertainty about choice of court clauses.
Introduction -
With the end of the Brexit transition period on 31 December 2020 fast approaching,...more
The discontinuation of LIBOR in 2022 may pose a risk to arbitration proceedings. Preparation is key to a smooth transition.
Key Points:
..LIBOR, which is widely used in financial transactions and is embedded in many...more
The Court based its decision on the clear policy implications of the yet-to-be-enacted Corporate Insolvency and Governance Bill.
The COVID-19 pandemic has had a debilitating impact on companies and particularly commercial...more
Parties may struggle to establish issue estoppel based on a foreign judgment, even when they agreed exclusive jurisdiction of English courts.
MAD Atelier International BV v. Manès [2020] EWHC 1014 (Comm) considers key...more
The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments.
Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating...more
Recent judgments help to clarify purpose and threshold of unexplained wealth orders.
The National Crime Agency (NCA) has had a mixed start to 2020, with appeals heard on unexplained wealth orders (UWOs) testing the new...more
The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants.
In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more
12/13/2019
/ Appeals ,
Confidential Communications ,
Confidential Documents ,
Contract Drafting ,
Litigation Privilege ,
Negotiations ,
Qualified Privilege ,
Redacted Documents ,
Settlement Agreements ,
Settlement Negotiations ,
UK
Decision confirms parties’ statutory right to challenge awards under s.67 and s.68.
The Court of Appeal has overturned a High Court decision which granted a stay of an application challenging an award pending the...more
The Court’s ruling supports the general principle that costs follow the event.
In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English...more