Mondaq UK: Litigation, Mediation & Arbitration
Mishcon de Reya
Despite all of the advantages of arbitration, many contracts default to the resolution of disputes by the English courts, even when both parties are based out of the jurisdiction.
Clyde & Co
The Justice Committee has published its conclusions following an examination of the impact of raising the small claims limit for personal injury claims.
Clyde & Co
Conveyancing solicitors and their professional indemnity insurers have been keenly anticipating the Court of Appeal's decision, which was handed down on 15 May 2018.
Herbert Smith Freehills
In a decision dated 24 April 2018, the English Commercial Court (the "Court") dismissed challenges brought under s67 and s32 of the English Arbitration Act 1996 (the "Act") by Dreymoor Fertilisers Overseas PTE Ltd.
Herbert Smith Freehills
In its recent decision in SCM Financial Overseas Ltd v Raga Establishment Ltd [2018] EWHC 1008 (Comm) (available here), the English High Court ...
Wright Hassall LLP
The recent case of Manchester Building Society v Grant Thornton 2018 is a striking example of the inability to recover certain losses from a professional adviser, even where their advice has been negligent.
Herbert Smith Freehills
In Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd [2018] NSWCA 81, the New South Wales Court of Appeal overturned the decision of the New South Wales Supreme Court ...
Clyde & Co
The recent case of Anthony McGann v Michael Bisping [2017] EWHC 2951 received more column inches than most contractual disputes.
Withers LLP
In April, a Manhattan Supreme Court judge ruled against singer and actress, Madonna in her attempts to halt the auction sale of several personal items.
Carlton Fields
The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission ...
Clyde & Co
The Financial Guidance and Claims Act received Royal Assent last week, with several changes made to the regulation of Claims Management Companies.
Clyde & Co
Substantial changes to civil litigation system passed by Scottish Parliament with phased implementation expected.
Brodies LLP
William Cullen v Scan Building Services Ltd (2018) SC EDIN 15 is a decision of Sheriff McGowan in the All Scotland Personal Injury Court (ASPIC) - it is the first employer's liability case where the court...
Herbert Smith Freehills
On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The Republic of Mauritius (PCA Case 2016-20).
Herbert Smith Freehills
In five recent judgments, the Indian courts have offered important guidance on the enforcement of both domestic and international awards in India.
Clyde & Co
Whether arbitrators had been unfair in refusing to defer award until the outcome of court proceedings ...
Mishcon de Reya
A party can challenge an arbitration award made in England on the grounds of serious irregularity affecting the proceedings that has caused or will cause substantial injustice.
Clyde & Co
Following criticism of the lack of detail contained within the initial draft of the Civil Liability Bill regarding the definition of a 'whiplash injury' and also the proposed tariffs for such injuries...
4 New Square Chambers
In a recently published Commercial Court judgment, which was initially delivered ex tempore in private, Mr Justice Andrew Baker considered a challenge, brought under section 68 of the Arbitration Act 1996, ...
Clyde & Co
President Trump's decision to withdraw the USA from the Joint Comprehensive Plan of Action (JCPOA) with Iran and intention to re-introduce sanctions (see Clyde & Co's previous article on this issue here) ...
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Vannin Capital
It is also an unfortunate truth that litigation is now an accepted part of modern business.
4 New Square Chambers
In Stevensdrake v Stephen Hunt [2017] EWCA Civ 1173 (31 July 2017) the Court of Appeal considered the application of contractual principles to a Conditional Fee Agreement ("CFA")...
4 New Square Chambers
The Court considered that, as a matter of best practice in international commercial arbitration and as a matter of law, disclosure should have been made of the further references.
Clyde & Co
Master McCloud has held that documents "filed" on the court record which are read in court can be accessed by non-parties provided the non-party has a legitimate interest.
4 New Square Chambers
As such, any defendant culpably responsible for any period of material exposure must pay 100% of the damages to the victim.
Clyde & Co
Holyrood has given the green light to new law bringing US-style "class actions" to Scotland for the first time.
Clyde & Co
Costs budgets cover costs to be incurred (not costs already incurred). PD3E para 7.6 provides that "Each party shall revise its budget in respect of future costs upwards or downwards...
4 New Square Chambers
Inevitably it will transpire that mistakes will have been made by professionals giving (often very expensive) guidance on GDPR compliance. Their clients will want to consider whether a claim...
Brodies LLP
An Opinion issued by Lord Tyre in the Court of Session last week provides that the applicable law for an asbestos-related claim is the law of the country where the "injury occurred", as opposed to the country ...
Clyde & Co
A summary of recent developments in insurance, reinsurance and litigation law.
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