Mondaq UK: Litigation, Mediation & Arbitration
Brodies LLP
In this All Scotland Personal Injury Court case (Daly v Heeps and Another [2018] SC EDIN 01) Sheriff Braid found the claimant cyclist and the defender motorist equally to blame.
Stephenson Harwood
On 20 December 2017, the Financial Reporting Council ("FRC") and the Financial Conduct Authority ("FCA") entered into a Memorandum of Understanding ("MoU").
Clyde & Co
The issue in this case was which governing law applied for determining limitation, where the UK government was said to be liable for acts committed in Cyprus in the 1950s.
Clyde & Co
Court of Appeal confirms that freezing order obtained abroad can be registered and served here pending an appeal against registration
Clyde & Co
Judge considers the "iniquity exception" to a claim for privilege and whether one party can waive common interest privilege
In this case, the High Court considered whether valid service had been effected upon two defendants based outside of the jurisdiction who had shown no willingness to be involved in the proceedings.
In June, the Court of Appeal handed down judgment in an appeal that considered whether section 3 of the Unfair Contract Terms Act 1977 (UCTA) can catch facility agreements ...
In this case, the court considered whether the defendant's decision to revoke trades placed by the claimant was an exercise of a contractual discretion and therefore not to be ...
On 29 March 2017, Mr Justice Blair (the Judge) in the Commercial Court gave summary judgment for US$3 billion in proceedings relating to a Eurobond issue.
Clyde & Co
In a recent appeal in Liverpool County Court, His Honour Judge Pearce refused to lift stay where the claim had been issued under Part 8 and stayed for nearly 3 years.
Clyde & Co
The Justice Committee has heard evidence from Lord Keen of the Ministry of Justice and other interested parties on the reform proposals for personal injury claims.
One of the characteristics of international arbitration that users sometimes find frustrating is the very limited potential to consolidate into a single arbitration disputes ...
In December 2017, the Singapore International Arbitration Centre launched a consultation process for the introduction of a protocol pursuant to which arbitral institutions would agree on the consolidation ...
Clyde & Co
The Court of Appeal has found that a material increase in the value of a claim is a relevant factor when considering an application to withdraw an admission of liability.
Clyde & Co
When disputes arise parties look to their contracts to see how the dispute should be resolved. Sometimes this is a straight-forward matter and the parties proceed as previously agreed.
Clyde & Co
Progress is forthcoming in respect of small claims track reform for personal injury claims, meaning that the Civil Liability Bill may also be picking speed.
The Disclosure Working Group (DWG) has proposed amendments to Part 31 of the Civil Procedure Rules following concerns about the "perceived excessive cost, scale and complexity of disclosure".
The Justice Committee acknowledges early in its recent report, issued as part of its inquiry into draft legislation related to the personal injury discount rate ...
Gowling WLG
The Law Commission has identified summary procedures in arbitration as a potential area for law reform in England & Wales.
Wright Hassall LLP
Changes may be afoot in the Civil Courts as a number of new initiatives are being progressed which are intended to shake up the way that the Courts do things.
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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...
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")...
Travers Smith LLP
The current restrictive approach to privilege poses real challenges to lawyers when seeking to investigate issues raised by corporate clients without creating documents that will be subsequently disclosable to...
Marks & Clerk
We have already reported on the Supreme Court's decision in Actavis v Eli Lilly (see here) which, as stated, is the most important decision in the last decade regarding patent infringement.
Gowling WLG
In our update this month we take a look at three cases that provide helpful clarification from the courts on issues ...
Clyde & Co
Despite protests from environmental groups groups the Court has granted a peremptory injunction to prevent fracking protesters entering a number of connected business locations and exploration sites.
Andrews Kurth Kenyon LLP
Arbitration awards are meant to be final and binding. Under the rules of many of the leading arbitral institutions such as the ICC and the LCIA ...
Brodies LLP
Having rejoined the Personal and Family department in June to strengthen Brodies' outstanding personal injury trust offering, Jessica Flowerdew provides an update on personal injury trusts ...
Field Fisher
In its recent decision in Coty Germany GmbH v Parfümerie Akzente GmbH, the Court of Justice of the European Union (CJEU) has concluded that if a supplier ...
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