Mondaq UK: Litigation, Mediation & Arbitration
Clyde & Co
The Paris accord remains big news in the fields of energy and climate change. President Trump's decision to cease all participation in the accord attracted international ...
Cooley LLP
The Supreme Court has recently confirmed that an asymptomatic physiological change caused by an employer's negligence can constitute an actionable personal injury ...
Clyde & Co
In the "Maersk Tangier" [2018] EWCA Civ 778, the Court of Appeal has issued a leading judgment (upholding the decision of the Commercial Court) ...
Gowling WLG
Parties embarking on a new commercial venture together are often positive about their relationship and focused on making it work to their mutual benefit.
Stephenson Harwood
The parties entered into a reinsurance contract that incorporated the arbitration clause in the Joint Excess Loss Committee, Excess Loss Clauses. Clause 15.5 provided that ...
4 New Square Chambers
The Supreme Court handed down its judgment in JSC BTA Bank v Khrapunov [2018] UKSC 19, the latest in a long line of decisions concerning Mr Ablyazov, on 21 March 2018.
Clyde & Co
The Court of Appeal has given some much needed clarity on the meaning of "integrity" in the context of the SRA Code of Conduct 2011 in its judgment handed down on 7 March 2018...
Fenwick Elliott LLP
On 12 February 2018, in line with its stated commitment to increased transparency, the LCIA published on its website, 32 anonymised excerpts of decisions made following challenges...
Fenwick Elliott LLP
In issue 23 of International Quarterly, we looked at the decision in Glencore Agriculture BV v Conqueror Holdings Ltd which highlighted the importance of ensuring arbitration notices are served on individuals ...
Mishcon de Reya
FT Adviser reported on Friday 6 April that several legal claims against the media investment company Ingenious were put on hold after a recent court hearing.
Baker Botts L.L.P.
The UK Supreme Court has laid down important principles for the enforcement of international arbitral awards and, specifically, for the interception ...
Carlton Fields
The U.K. Court of Appeal has held that an arbitration clause commonly found in London market excess of loss reinsurance treaties does not prohibit the appointment of insurance or reinsurance lawyers to an arbitration panel.
Brodies LLP
On 26 February, the Scottish Government published the outcome of its consultation on Scottish Court Fees – that is, the fees which parties must pay to the courts to bring ...
Clyde & Co
Where there is good reason to suppose that assets held by third parties really belong to the defendant, TSB Private Bank International v Chabra [1992] is authority for the principle...
Brodies LLP
On 28 March 2018 Lord Justice Simon granted leave for Dr Bawa-Garba to appeal the decision of the High Court, which substituted the original decision of suspension imposed by the Medical Practitioners Tribunal with an order for erasure.
Wright Hassall LLP
It is not just small businesses that wish to avoid the costs of litigation. Even large, multi-national companies, are recognising the benefit of taking the costs ...
Nishith Desai Associates
English Court held that a claim for creeping expropriation is not precluded where there is a specific event in the chain of events ...
Gowling WLG
This is good news for insolvency practitioners.
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 ...
Gowling WLG
We look at two recent cases considering the principles of litigation privilege and when it will apply to protect documents from inspection by an opponent or investigator in litigation, inquests...
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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
Achmea commenced arbitration proceedings, seated in Frankfurt, against Slovakia.
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 ...
Venner Shipley LLP
In these cases, issues of German contract law construction, and that of Maryland law, were considered.
Cadwalader, Wickersham & Taft LLP
On 2 March 2018, the Court of Appeal handed down its highly-anticipated judgment in PAG v RBS, dismissing all of PAG's grounds of appeal and overturning a finding of fraudulent misrepresentation against RBS.
Clyde & Co
The High Court has granted an application that defective service of a Claim Form be retrospectively validated under CPR 6.15 in circumstances where proceedings were initially served on the Defendant's solicitor, ...
Clyde & Co
Over the years, issues of attachment and which policy responds has been a great source of contention in professional and financial lines, with issues around notification frequently being the source of such disputes.
Goodman Derrick LLP
If so, make sure you have understood your obligations under the lease.
Clyde & Co
A summary of recent developments in insurance, reinsurance and litigation law.
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