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Quality Over Quantity: Law Commission Proposes Targeted Amendments to English Arbitration Act

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

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

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

High Court Confirms Nuanced Approach to Waiver of Privilege

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

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

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

Meaning of “Good Faith” Under English Law: Latest Clarification

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

UK High Court Ruling in Competition Claim Highlights Consequences of Disclosure Failures

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

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

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

High Court Clarifies Appeal Procedures Following Remote Hand Downs of Judgments

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

English Court Confirms Expansive Jurisdiction to Reverse Transactions to Defraud Creditors Even Outside Insolvencies

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

High Court Rejects New Look Landlords’ CVA Challenge in Landmark Decision

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

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Five

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

Complex Commercial Litigation Law Review, 3rd Edition - England and Wales

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

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Four

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

Court of Appeal Rules That “Judgments on Judgments” Are Not Registrable for Enforcement Under the Administration of Justice Act...

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

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Three

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

Fifteen Asia-Pacific Countries Form a New Trading Bloc

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

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Two

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

Successfully Tackling LIBOR Phase-Out in International Arbitration

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

Relief for UK Companies: Court Protects Against Winding-up of Companies Due to COVID-19

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

English Commercial Court: Foreign Judgment Did Not Establish Issue Estoppel

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

Court of Appeal Clarifies Legal Professional Privilege

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

Unexplained Wealth Orders Subject to Rigorous Judicial Scrutiny

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

English Court of Appeal Rules on Privilege and Settlement Agreements

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

Court of Appeal: London-Seated Arbitration Cannot Circumvent Mandatory Arbitration Act Requirements

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

English High Court Confirms Costs Award Part and Parcel of Substantive Award

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

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