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London Litigation Year in Review and 2024 Outlook

Welcome to our London Litigation Year in Review and 2024 Outlook. In this report, we examine the litigation trends that shaped the commercial landscape in 2023 and look at how these developments are likely to play out in the...more

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

Avoiding Buyer’s Remorse in M&A Deals

Changing market dynamics have led buyers to assess available options to address post-closing target company issues. Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...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

Court of Appeal: Professional Privilege Must Pass the “Dominant Purpose” Test

The Court narrowly interprets dominant purpose to exempt general tax advice from legal privilege. In Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWHC 2607 (Ch), the...more

Chinese Court Decision Reinforces Need for Clear and Precise Drafting of China-Related Arbitration Agreements

Shijiazhuang Intermediate People’s Court declares arbitration agreement providing for ICC Rules arbitration seated in China invalid. In a dispute between Hebei Zhongxing Automobile Manufacturing Co., Ltd. (HZAM), a Chinese...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

The Singapore Mediation Convention: Will It Enhance Mediation’s Effectiveness?

The Convention, which entered into force this month, should allow courts in the jurisdiction of enforcement to recognize and enforce settlement agreements directly. Settling a dispute via mediation is one of the most time-...more

Enforcement of Foreign Judgments 2021

Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...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

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