Mondaq UK: Litigation, Mediation & Arbitration
Clyde & Co
Previous Solar Wars articles have noted that tribunals hearing Energy Charter Treaty (ECT)
Jersey Finance Limited
Legal 500 ranks Damian as a Leading Individual, describing him as ‘extremely intelligent, brilliant in court, unfailingly practical and results-driven'.
Wright Hassall LLP
The tragic death of Argentinian footballer Emiliano Sala as he flew to meet up with his new club Cardiff City from Nantes on January 21 has shaken the world of football.
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
On January 29, 2019, the Delaware Supreme Court provided guidance to the Court of Chancery regarding the scope of a stockholder's inspection rights under Section 220...
Squire Patton Boggs LLP
That question was recently answered by a New Jersey federal court.
Herbert Smith Freehills
In a recent decision, the High Court has made a non-party costs order against a law firm's professional indemnity insurer, in circumstances where the insurer had effectively relinquished control
Clyde & Co
The High Court has ruled on the issue of liability when a driver causes injury to a third party in circumstances when fearing for his or her safety.
Herbert Smith Freehills
The Tribunal in Gabriel Resources v Romania recently issued an order (the Order) in response to an application (the Application) ...
Clyde & Co
At the risk of mixing metaphors, if Achmea (Slovak Republic v Achmea Case C-284/16) killed intra-EU investor-state arbitration ...
Anderson Strathern LLP
The Court of Session has dismissed an appeal brought by a nurse (PB) against a decision of the Nursing and Midwifery Council's Fitness to Practise
Wrigleys Solicitors
Supreme Court upholds decision that the rules on disclosing multiple spent convictions in an enhanced DBS check are disproportionate and incompatible
Clyde & Co
A recent decision held that Court may apply the 'injustice' test separately for each part of CPR 36.17(4).
Clyde & Co
R (Paul Worthington) v HM Senior Coroner for Cumbria [2018] EWHC 3386 Admin
Clyde & Co
Judge finds allegation of bias against arbitrator is weak
Clyde & Co
In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland); R (P, G & W) v Secretary of State for the Home Department;
Herbert Smith Freehills
One of the Advocates General to the Court of Justice of the European Union, Advocate General Bot, has issued an opinion confirming that the mechanism for the settlement of disputes between...
Dentons
If during trial a witness is part-way through giving evidence and needs to come back after lunch or the next day to carry on, the judge will usually warn them not to talk to anyone about their evidence during the intervening period.
Baker & Partners
Litigation privilege is an auxiliary principle that buttresses the constitutional right of access to justice and should be kept within justifiable bounds. Without litigation privilege
Centre for Effective Dispute Resolution (CEDR)
Current conflicts around the world, such as those in Syria, Crimea and Yemen, have huge challenges in finding a resolution
Shepherd and Wedderburn LLP
As part of its role advising the Lord Chancellor and the Judiciary in England and Wales on civil matters, the Civil Justice Council (CJC) has published its final report
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Clyde & Co
All too often, construction works are commenced without the parties having finalised the terms of their engagement.
Clyde & Co
S Franses Ltd (Appellant) v The Cavendish Hotel (London) Ltd (Respondent) [2018] UKSC 62 On appeal from: [2017] EWHC 1670 (QB)
Shepherd and Wedderburn LLP
The Member States of the European Union have agreed to terminate all intra-EU bilateral investment treaties ("BITs") following the 2018 Achmea judgment ...
Haseltine Lake LLP
A word of warning: the UKIPO and IPEC can remove the cost cap where they feel the circumstances warrant it, particularly if a party acts very unreasonably.
Anderson Strathern LLP
The first appeal brought in Scotland by the General Medical Council has confirmed that the court needs to find the original tribunal decision was ‘manifestly wrong' before it will interfere with the
Shepherd and Wedderburn LLP
Through its very recent decision in, Gascoigne Halman Ltd v Agents' Mutual Ltd, the Court of Appeal (‘CA'), has upheld the Competition Appeal Tribunal's (‘CAT') findings ...
4 New Square Chambers
Air passengers claimed against an airline which had failed to fly them with most claims being dismissed.
Clyde & Co
A recent High Court decision has provided some welcome relief to defendants who seek to challenge the default position in respect of life-expectancy.
Gowling WLG
Age is one of the more recently added protected characteristics that is covered under the Equality Act 2010 ("Equality Act"). It became unlawful to discriminate on the basis of age in 2006.
Herbert Smith Freehills
A voluntary capped costs pilot will run for two years from 14 January 2019 for cases valued at between £100,000 and £250,000 in the London Circuit Commercial Court and the business and property courts in Manchester...
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