Mondaq UK: Litigation, Mediation & Arbitration
Herbert Smith Freehills
We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice.
Gowling WLG
Whilst receiving a judgment in your favour may feel like the culmination of a potentially lengthy legal process, it may be just the first step (though an important one) on the path to financial recovery.
Mayer Brown
The Court of Appeal has handed down judgment in the case of FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd, which concerned whether or not two deeds should be rectified on the basis
Duane Morris LLP
Non-party requests for trial documents filed in English High Court proceedings are the regular diet of English litigators advising US clients. A potential claimant (as we call the plaintiff)
Herbert Smith Freehills
London-based Partner Andrew Cannon and London-based Senior Associate Hannah Ambrose have authored an article for Lexis®PSL,
Herbert Smith Freehills
In P v D [2019] EWHC 1277 (Comm), the English High Court set aside an arbitral award on the basis that the tribunal had reached a finding of fact on a core issue that had not properly
Akin Gump Strauss Hauer & Feld LLP
International Construction Arbitration has received a shock. Consistent with the leading textbooks
Charles Russell Speechlys
While a good trial bundle may not win a case, a bad one may damage it. One of the challenges for practitioners, particularly in document-heavy cases, is what should go in the bundle
DAC Beachcroft LLP
The Court of Appeal has examined a notification of circumstances which "might reasonably be expected to produce a Claim" in its recent decision in Euro Pools Plc v Royal & Sun Alliance Insurance Plc.
Clyde & Co
Sometimes it is better for a registrant not to give evidence to a fitness to practise panel. And they can do so safe in the knowledge that the panel cannot draw any adverse inferences – until now.
DAC Beachcroft LLP
In Woodward & another v Phoenix Healthcare Distribution Ltd1 the Court of Appeal applied the Supreme Court's decision in Barton2 and found that the Defendant had no duty to correct
DAC Beachcroft LLP
As of 1 May 2019, a new Code for Completion by Post has been implemented by the Law Society in light of last year's decision in Dreamvar (UK) Ltd v Mishcon de Reya and P&P Property
Herbert Smith Freehills
On Wednesday morning (Singapore time), the United Nations Convention on International Settlement Agreements Resulting from Mediation,
DLA Piper
The airspace above and subsoil below a highway often has significant development value (or ransom potential), especially in more densely populated urban areas, where space is at a premium.
Clyde & Co
In Cape v Dring [2019] EWCA Civ 1795, the Supreme Court has made clear the breadth of the courts' jurisdiction to allow third parties to access documents held by the courts in relation to litigation
DAC Beachcroft LLP
The Supreme Court has confirmed the principles governing whether a non-party can obtain documents from the court file – and to what documents a non-party is entitled.
Clyde & Co
In considering an appeal resulting from the sexual assault of a hotel guest, the Supreme Court has unanimously concluded that guidance from the Court of Justice of the European Union is required.
DLA Piper
On 19 July 2019, DLA Piper successfully obtained a final anti-suit injunction order in the High Court before His Honourable Mr Justice Jacobs.
Herbert Smith Freehills
The court disagreed with Lord Hoffman's (obiter) observations in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 that, even for the second limb above, the test is purely objective and subjective intentions are irrelevant.
Herbert Smith Freehills
As in many jurisdictions, class actions are becoming more frequent in the the English courts. A body of case law is building up, and that will be added to by three cases which are to go the Supreme Court, as discussed...
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Herbert Smith Freehills
In Sabbagh v Khoury and others, [2019] EWCA Civ 1219 (available here), the English Court of Appeal partly upheld the injunction granted by the Commercial Court restraining
The decision of case G01/18 has recently been published in French by the EPO's Enlarged Board of Appeal (EBoA).
Gowling WLG
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
Withers LLP
If you are going to do it, take the time to do it right. That's the message coming from the courts about executing pre-nuptial agreements, particularly those that have a cross-jurisdictional element.
Withers LLP
Assisted dying is a hotly debated topic.
Shepherd and Wedderburn LLP
Mediation is a powerful process – and is a valuable mechanism for resolving disputes, particularly international disputes.
Clyde & Co
The increased digitalisation of commercial transactions has encouraged criminals to find new ways to defraud their
DAC Beachcroft LLP
Claims against professional advisors, such as accountants, auditors and tax consultants often take months and even years to develop and reach fruition and, in many cases, claims will disappear altogether after...
Combating financial crime is a serious issue for firms in the regulated sector and brings with it many challenges for compliance and legal practitioners.
Expatriate Law
When a marriage has been short, contributions are more likely to be relevant in the context of determining the division of assets and determining what is and what is not matrimonial property.
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