United Kingdom: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Maidens v Building Supplies Distribution Ltd: A Clear Message On Costs Procedure
The Derby County Court has delivered a significant ruling on costs procedure, addressing whether courts should entertain preliminary applications before provisional assessment hearings. District Judge Davies examined compliance with the Ainsworth v Stewarts Law LLP precedent and considered whether pre-assessment declarations undermine the provisional assessment regime's fundamental purpose.
United Kingdom Litigation
Bond Turner
Article
Getty Images vs. Stability AI: Copyright Explained
The High Court's ruling in Getty Images v Stability AI has sparked debate over whether AI models trained on copyrighted images constitute infringement under UK law. While Getty dropped its primary infringement claims at trial, the court's findings on secondary infringement—particularly whether an AI model can be an 'infringing copy'—raise fundamental questions about how copyright law applies to generative AI technology. With permission granted to appeal, the legal framework governing AI training
United Kingdom IP
WT
Winston Taylor
Article
A New Approach To Challenges To CVAs? Advocate General For Scotland v Petrofac Facilities Management Ltd
The Court of Session has taken a novel approach to assessing unfair prejudice in CVA challenges, moving beyond traditional vertical and horizontal comparisons to consider broader equitable factors. This first reported Scottish decision in such circumstances could make predicting CVA challenge outcomes significantly more difficult if the approach is adopted in future cases.
United Kingdom Insolvency
Sa
Shepherd and Wedderburn LLP
Article
Continuing Uncertainty On The Law Of Prescription
A Scottish court ruling reveals that the Prescription (Scotland) 2018 Act did not soften the harsh prescription regime as intended, with the prescriptive period potentially beginning before claimants are aware that loss has been caused by a legal wrong. The Ogilvie Construction case demonstrates how economic loss claims may prescribe before parties discover defects are attributable to breaches of duty, creating significant implications for construction disputes.
United Kingdom Real Estate
Sa
Shepherd and Wedderburn LLP
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