Mondaq UK: Litigation, Mediation & Arbitration
Clyde & Co
It is a long-standing principle endorsed by the Courts that parties to litigation should seek to resolve their differences without recourse to contested hearings.
It is highly unlikely that the proposed legislation to implement changes to the personal injury discount rate will achieve the Government's stated objective ...
Goodman Derrick LLP
The High Court recently heard the case of Maxted and another v Investec Bank plc [2017], which looked at whether amending loan agreements multiple times would discharge a personal guarantee given by the directors...
McDermott Will & Emery
Amidst all the uncertainty surrounding Brexit, the continuing relevance, power, and reliability of international arbitration as a dispute resolution mechanism remains a very welcome example of stability.
Keystone Law
Stephen Levinson looks at the benefits, challenges and practical issues involved in introducing an in-house mediation scheme.
Gowling WLG
It is a well-established principle that a successful negligence claim will require a claimant to prove that the defendant's negligence caused the claimant to suffer loss.
Clyde & Co
In a decision of the new Business & Property Courts, Mr Justice Popplewell heard applications under section 68 of the Arbitration Act 1996 (serious irregularity) and AA 1996, s 69 in respect of an arbitral award.
Clyde & Co
In a decision likely to be welcomed by regulated professionals and their advisers, the Supreme Court in O'Connor v Bar Standards Board [2017] UKSC 78 held that...
Persephone Bridgman Baker has written an article for Inforrm (International Forum for Responsible Media) on the case of Serafin v. Malkiewicz & Ors, a judgment which has important ramifications...
Clyde & Co
In Glencore Agriculture v Conqueror Holdings the Commercial Court held that a notice of arbitration served by email on a junior employee did not constitute good service.
Clyde & Co
Earlier this year we asked whether a summary procedure would improve the arbitral process. The Stockholm Chamber of Commerce (SCC) had already introduced its summary procedure rules ...
Associate Veronica Connolly and trainee Richard Swan of the International Arbitration team identify issues that can contribute to disputes in the power sector in sub-Saharan Africa ...
Clyde & Co
Wearable technology will significantly impact personal injury litigation
As reported here, the House of Commons' Delegated Legislation Committee considered the UPC Privileges and Immunities Order last week.
Brodies LLP
Imagine the following scenario. You run a small business, and your turnover is low enough that you don't need to be VAT registered.
Philippa Charles writes in the Scottish Arbitration Centre's newsletter about the challenges and opportunities that exist for newer or smaller arbitration jurisdictions.
Goodman Derrick LLP
Over 13 million files, many of them containing confidential and sensitive client information...
Clyde & Co
A statement of truth contained within a witness statement must be signed by the witness (paragraph 3.2, PD 22).
Gowling WLG
Following hot on the heels of SIAC and SCC, the ICC has become the latest arbitral institution to promote a summary procedure for the swift dismissal of unmeritorious claims in arbitrations under its rules.
Holman Fenwick Willan LLP
The Commercial Court set aside an arbitration award becausethe Claimant's emailed arbitration notice to an individual employee at the Respondent did not constitute valid service under the Arbitration Act 1996.
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Stephenson Harwood
In this edition, we will look at two recent High Court cases which have raised important implications and provided further guidance on the scope of both litigation and legal advice privilege.
Wright Hassall LLP
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Holman Fenwick Willan LLP
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Kilburn & Strode LLP
What patent attorneys and examiners need to know about the UK's, and perhaps Europe's, biggest infringement case for 12 years.
Field Fisher
The ECJ was asked a series of questions on exhaustion of trademark rights in different EEA member states ...
Wright Hassall LLP
C1 was the UK based part of the business of Al-Ko VT, a leading brand in the towing and trailer industry.
In Metropolitan Housing Trust Limited v. RMC FH Co Limited [2017] EWHC 2609 (Ch) the High Court looked at the issue of whether a long leaseholder had the right to release a development site from a right to light.
Gowling WLG
The recent decisions in Avonwick Holdings Ltd and others v Shlosberg and Leeds v Lemos have restricted the ability of trustees in bankruptcy to use privileged documents belonging to the bankrupt.
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