Mondaq UK: Litigation, Mediation & Arbitration
Clyde & Co
The Court of Appeal decided that statements contained in an investor presentation published on an issuer's website are theoretically capable of amounting to representations to potential secondary...
Gowling WLG
A question often asked by clients about to embark upon litigation is whether they can gain access to their opponent's liability insurance information or policy to determine if they are 'good for the money'.
Gowling WLG
Over 600 cases against defendant organisations have now been sentenced since the Sentencing Guidelines for Health and Safety Offences...
Clyde & Co
Recent decisions highlight the risk of inadvertently settling more claims or releasing more parties than was actually intended.
Clyde & Co
The High Court decided that a pending arbitration in Hong Kong of the same dispute covered by English proceedings commenced by a company controlled by one of the defendants...
Clyde & Co
In EMW Law LLP v Scott Halborg [2016] EWHC 2526 (Ch), Master Clark concluded that, where the documents were relevant to an issue in dispute, they could be admitted into evidence...
Clyde & Co
The High Court emphasised that for banks to be found liable there needs to be an element of serious impropriety.
Clyde & Co
Legal advice privilege is a hugely valuable right but the recent decisions in Astex Therapeutics Limited v AstraZeneca AB [2016] EWHC 2759 (Ch) and The RBS Rights Issue Litigation [2016]...
Gowling WLG
Despite a lack of consensus as to whether there is really any need for the protocol at all, the final form has now been approved ready for implementation.
Clyde & Co
Referring to existing authorities - Arnold v Britton [2015] AC 1619 and Rainy Sky SA v Kookmin Bank [2011] 1 WLR 2900 - and dismissing Mr Wood's appeal, the Court held that it is appropriate...
Clyde & Co
The court held that the clause in this case conferred exclusive jurisdiction on the English court, meaning it could hear the case even though it was not the court first seised.
Clyde & Co
The Supreme Court held that the place where the "harmful event" had occurred for the purposes of Regulation 44/2001 Article 5(3) was Germany...
Clyde & Co
The effect of Brexit on foreign currency exchange rates is already being felt in costs calculations in the English courts.
Clyde & Co
Usually the cost of financing legal fees is not recoverable because any uplift payable to a funder is neither a "cost" nor a reflection of "damage" suffered;
Clyde & Co
After losing in England, the defendant served a "brief" in the Italian proceedings expanding its case on jurisdiction.
Clyde & Co
The claimant's case was that if the costs claimed were at, or less than, the figure previously approved in her budget...
Clyde & Co
From 25 April 2017, the use of electronic filing has been compulsory in the Chancery Division of the High Court, the Commercial Court...
Clyde & Co
Two judges in the Administrative Court have recently reached conflicting decisions on the issue of whether integrity is synonymous with dishonesty and so cast doubt on the legal test to be applied...
Clyde & Co
A solicitor delegated work to another firm of solicitors. When the underlying litigation between the solicitor's clients and their opponent settled...
Fenwick Elliott LLP
There is no doubt that the UAE has been steadily establishing itself as a global arbitration centre by developing the Dubai International Arbitration Centre ("DIAC") , Dubai International Financial Centre–London Court of International Arbitration ("DIFC–LCIA") and the Abu Dhabi Commercial Conciliation and Arbitration Centre amongst others.
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TLT Solicitors
In Bridging Loans Ltd v Toombs [2017] EWCA Civ 205, the Court of Appeal has dismissed a lender's appeal against summary judgment granted in favour of a valuer in the High Court.
Dentons
It is now just under one year until the new Minimum Energy Efficiency Standards (or MEES) regime comes into force.
Clyde & Co
The Court of Appeal, in Lejonvarn v Burgess, has unanimously rejected an appeal against a decision that an architect who provided gratuitous services to friends owed them a duty of care.
Marks & Clerk
The question of what is a "Fair, Reasonable and Non-Discriminatory" (FRAND) licence to work a Standards Essential Patent (SEP) has been addressed for the first time by a judge in Europe.
Gill Jennings & Every
The imperative to produce protein-containing nutritional foods and animal fodder to ensure food security in a sustainable manner is driving innovation, and investment in R&D.
Bond Dickinson LLP
The Insurance Act 2015 replaced an insured's pre-contract duty of disclosure with a duty of fair presentation.
Brown Rudnick LLP
The UK Supreme Court has yesterday, by a majority of 8-3, dismissed the Government's appeal against the Divisional Court's judgment in November 2016 which held that the Government could not give notice...
Clyde & Co
The Supreme Court considers the meaning of an indemnity clause and emphasises that textualism and contextualism are not conflicting paradigms when it comes to contractual interpretation.
Clyde & Co
The use of tribunal secretaries in arbitration is a hotly debated topic.
Fenwick Elliott LLP
In the 2013 case of PGF II SA v OMFS Co & Anr, [2013] EWCA Civ 1537, the Court of Appeal had to consider whether silence in response to a mediation proposal was the equivalent of a refusal to mediate.
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