Mondaq UK: Litigation, Mediation & Arbitration
Clyde & Co
The case of Dr Bawa-Garba has scarcely been out of the news over the past three years. This week's Court of Appeal decision to allow her appeal against erasure may prove to be the last chapter
Clyde & Co
The claimant killed her mother whilst experiencing a serious psychotic episode. She brought claims in the common law tort of negligence against the defendant NHS trust, which were dismissed
Clyde & Co
Following on from last week's case report, where the judgement of an expert witness was called into question by the court, we thought we would take a closer look at the role of expert witnesses.
Withers LLP
An event in London organised by Withers addressed third-party funding of international arbitration in the wake of the recommendations in the ICCA-Queen Mary report.
Clyde & Co
A summary of recent developments in insurance, reinsurance and litigation law
Following the Supreme Court ruling which declared tribunal fees unlawful, the government pledged to refund those who had paid tribunal fees between 29 July 2013 and 26 July 2017.
Shepherd and Wedderburn LLP
The sub-contract between Vinci Construction UK Limited (Vinci) and Beumer Group UK Limited for Beumer to install a baggage handling system at Gatwick Airport has spawned multiple disputes, with seven adjudications,,,
Mayer Brown
In Cape Intermediate Holdings Ltd v Dring (for and on behalf of the Asbestos Victims Support Group) [2018] EWCA Civ 1795, the Court of Appeal set aside ...
Gowling WLG
The Shorter Trials Scheme (ST") is one of a raft of measures designed to improve the customer experience of civil justice.
On 31 July 2018, the Administrative Division of the High Court of England and Wales blocked the extradition of Stuart Scott to the United States.
Clyde & Co
The High Court has ruled that a circuit judge was incorrect in ordering that QOCS automatically applied to a claim concerning misuse of data because it also included a PI element.
Clyde & Co
The relationship between General Counsel and their external advisors is key to the success of any legal project whether it be contentious or non-contentious work.
Businesses that find themselves in disputes will often be uncertain about which avenue, or indeed which jurisdiction, is best for resolving the conflict.
Stephenson Harwood
Parties to international contracts often agree to arbitrate their disputes. But what if one party decides that it is better off pursuing a claim in court?
Clyde & Co
Court of Appeal rules on access to court documents by asbestos victims' support groups
Mayer Brown
The Civil Procedure Rule Committee has given its final approval for a two-year Disclosure Pilot Scheme to commence in the Business & Property Courts on 1 January 2019 (subject to Ministerial approval).
Clyde & Co
As part of our continuing initiative to tackle the rise of low level NIHL claims, our most recent piece of strategic litigation has expanded the de minimis threshold, under which claims will not be compensable.
Brodies LLP
In the English case of Nassir Kafagi v JBW Group Limited [2018] EWCA Civ 1157, the Court of Appeal refused to find that the defendant was vicariously liable for the actions of a contractor.
4 New Square Chambers
What caught my eye about this judgment was the comment about the need for expert evidence to establish breach of duty in a lawyer's negligence case.
Akin Gump Strauss Hauer & Feld LLP
In a recent important decision for arbitrations seated in England, the English Court of Appeal has, for the first time, considered the scope of arbitrators' duty of disclosure.
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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")...
Clyde & Co
The boundaries of privilege in the regulatory process continue to raise practical issues for law firms.
Mishcon de Reya
In a busy year for anti-money laundering (AML) policy and legislative developments, the Financial Conduct Authority has published its annual anti-money laundering report for the year ended 31 March 2018.
Bell Lax Solicitors
It has long been established that solicitors owe their clients a duty of care, especially when it comes to protecting their clients' money.
J A Kemp
The European Court of Justice today dismissed the appeal by Nestlé in its long-running battle with Cadbury over the shape of its KitKat chocolate bar.
Brahams Dutt Badrick French LLP
The Supreme Court has added to the raft of cases concerning whether staff in the gig economy are workers, and so entitled to paid holiday and limited other rights, or genuinely self-employed and out of employment...
Clyde & Co
In the event of a collision, grounding or other major casualty, what are the key provisions that will impact upon the liability ...
The Supreme Court's recent judgment in Banca Nazionale del Lavoro SPA v. Playboy Club London Limited1 revisited the landmark judgment in Hedley Byrne v. Heller2 .
Gowling WLG
In the case of Absolute Living Developments Ltd (in liquidation) v DS7 Ltd & Others (2018) the Chancery Court held that it was not appropriate to make an order for security for costs...
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