United Kingdom: Litigation, Mediation & Arbitration

The Disclosure Review Working Group (DRWG), which is considering the potential simplification of disclosure rules for the Business and Property Courts, has today published a brief update on progress...

The Court of Appeal (Criminal Division) has made it clear that a witness's use of AI to prepare for cross-examination can amount to unlawful witness coaching: R v FGD [2026] EWCA Crim 918.

When a Moscow arbitration threatened to drain assets protected by an English court undertaking, the High Court ordered disclosure of confidential arbitration materials. This November 2025 decision examines when arbitral confidentiality must yield to asset protection, and what it means for parties navigating parallel proceedings across jurisdictions.

For a long time, divorce tended to follow a fairly predictable pattern, and not always a comfortable one. Even where a couple wanted to keep things amicable, the legal process could pull them in a more adversarial direction. Each person would instruct their own solicitor, communication would pass back and forth, and positions could harden without anyone setting out for that to happen.

The decision also highlights the importance of compliance with contractual notice provisions when invoking force majeure.

A Worldwide Freezing Order (WFO) is a powerful tool available to claimants in commercial disputes to secure enforcement of a prospective judgment. It restrains a defendant from dissipating assets abroad, ensuring sufficient resources remain to satisfy any future judgment.

When a defendant resides outside England and Wales, serving legal proceedings becomes significantly more complex, requiring court permission, diplomatic channels, and compliance with foreign jurisdictions' laws. A recent case involving service in Dubai demonstrates how courts are adapting to modern communication methods, including the novel use of Instagram for legal service when traditional methods prove impractical.

A Worldwide Freezing Order (WFO) is a powerful tool available to claimants in commercial disputes to secure enforcement of a prospective judgment. It restrains a defendant from dissipating assets abroad, ensuring sufficient resources remain to satisfy any future judgment.

The High Court recently delivered a significant judgment in the CMA's case against Emma Sleep, addressing the contentious issue of discount claims and reference pricing in retail. The court's decision to reject the CMA's proposed strict 1:2 ratio requirement—which would have mandated that retailers sell one mattress at full price for every two sold at a discount—marks a pivotal moment in consumer protection law. This ruling emphasizes a more flexible, context-driven approach to pricing claims ra

The UK Supreme Court has ruled on whether sovereign states can invoke immunity to resist enforcement of adverse ICSID arbitration awards in English courts. Spain and Zimbabwe challenged the registration...

The English Court of Appeal has ruled that a state's ratification of the New York Convention does not constitute a waiver of sovereign immunity in enforcement proceedings. Does this decision create obstacles for investors seeking to enforce arbitral awards against states, and what strategies should parties employ when contracting with state entities?

The Court of Appeal has ruled that ratifying the New York Convention does not waive a state's sovereign immunity in enforcement proceedings, creating a significant distinction from ICSID Convention protections. This decision clarifies the complex interaction between international arbitration treaties and state immunity rules, with important implications for investors seeking to enforce arbitral awards against sovereign states. The judgment contrasts sharply with recent Supreme Court precedent on ICSID award