United Kingdom: Litigation, Mediation & Arbitration

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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
Hague-Visby Rules: Interpretation Of “suit” And The Deck Cargo Exception
The Court of Appeal has delivered a significant judgment on the Hague-Visby Rules time bar, addressing whether arrest proceedings for security constitute "suit" under Article III rule 6, and establishing new requirements for identifying deck cargo in bills of lading. The case arose from a cargo of timber logs carried from New Zealand to India, where some logs were loaded on deck and others below, leading to questions about whether the deck cargo statement was sufficiently specific to exclude those logs from
United Kingdom Litigation
HF
Holman Fenwick Willan
Article
Missed Sepsis Diagnosis By Emergency Services Leads To Tragic Loss Of Husband And Father
A family secured £235,000 after their loved one died from sepsis and pneumonia when an ambulance crew failed to identify life-threatening infection signs despite clear red flags. The case highlights critical failures in recognizing sepsis symptoms in a vulnerable patient with a kidney transplant, raising important questions about emergency medical assessment protocols and the devastating consequences of missed opportunities for intervention.
United Kingdom Litigation
Slater and Gordon
Article
Understanding Hospital Inquests: A Medical Negligence Inquest Guide
When a loved one dies in hospital under concerning circumstances, a coroner's inquest investigates the facts surrounding their death. While inquests don't determine legal liability, the evidence gathered—including medical records, witness testimony, and expert findings—can reveal critical information about potential medical negligence and help families understand whether they have grounds for a compensation claim.
United Kingdom Litigation
JS
JMW Solicitors LLP
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Related Country Guides

CA
Class Actions
EF
Enforcement of Foreign Judgments
IA
International Arbitration

Disclosure & Electronic Discovery & Privilege

Article
Disclosure Risks For Insurers As A Non-party To English Arbitration Or Court Proceedings
When can insurers' claims handlers' correspondence and documents be disclosed in English arbitration or court proceedings? This article examines the boundaries of Legal Professional Privilege and explores the circumstances under which materials produced by P&I Club and H&M claims handlers may be subject to disclosure obligations, even when the insurer is not a party to the proceedings.
United Kingdom Insurance
HF
Holman Fenwick Willan
Article
Can Dashcam Footage Be Used Against You?
Dashboard cameras are increasingly common on UK roads, but many drivers don't realize that the footage they capture can be used as evidence against them in court. Understanding when dashcam footage is admissible, how police forces obtain and use it, and what legal standards apply is crucial for anyone who uses these devices. If you're facing allegations based on dashcam evidence, knowing your rights and options for mounting a defense can make a significant difference to the outcome of your case.
United Kingdom Criminal
JS
JMW Solicitors LLP
Article
From Truth Recovery To Public Inquiry: The Legal Questions Ahead
Northern Ireland's Assembly has passed legislation establishing a Truth Recovery Public Inquiry into Mother and Baby Institutions, Magdalene Laundries and Workhouses operating between 1922 and 1995. The inquiry faces the complex challenge of building upon extensive prior research while navigating questions of scope, evidence handling, and balancing trauma-informed procedures with legal fairness requirements.
United Kingdom Government
TLT
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Arbitration & Dispute Resolution

Article
Hague-Visby Rules: Interpretation Of “suit” And The Deck Cargo Exception
The Court of Appeal has delivered a significant judgment on the Hague-Visby Rules time bar, addressing whether arrest proceedings for security constitute "suit" under Article III rule 6, and establishing new requirements for identifying deck cargo in bills of lading. The case arose from a cargo of timber logs carried from New Zealand to India, where some logs were loaded on deck and others below, leading to questions about whether the deck cargo statement was sufficiently specific to exclude those logs from
United Kingdom Litigation
HF
Holman Fenwick Willan
Article
Disclosure Risks For Insurers As A Non-party To English Arbitration Or Court Proceedings
When can insurers' claims handlers' correspondence and documents be disclosed in English arbitration or court proceedings? This article examines the boundaries of Legal Professional Privilege and explores the circumstances under which materials produced by P&I Club and H&M claims handlers may be subject to disclosure obligations, even when the insurer is not a party to the proceedings.
United Kingdom Insurance
HF
Holman Fenwick Willan
See more

Court Procedure

Article
Hague-Visby Rules: Interpretation Of “suit” And The Deck Cargo Exception
The Court of Appeal has delivered a significant judgment on the Hague-Visby Rules time bar, addressing whether arrest proceedings for security constitute "suit" under Article III rule 6, and establishing new requirements for identifying deck cargo in bills of lading. The case arose from a cargo of timber logs carried from New Zealand to India, where some logs were loaded on deck and others below, leading to questions about whether the deck cargo statement was sufficiently specific to exclude those logs from
United Kingdom Litigation
HF
Holman Fenwick Willan
Article
Understanding Hospital Inquests: A Medical Negligence Inquest Guide
When a loved one dies in hospital under concerning circumstances, a coroner's inquest investigates the facts surrounding their death. While inquests don't determine legal liability, the evidence gathered—including medical records, witness testimony, and expert findings—can reveal critical information about potential medical negligence and help families understand whether they have grounds for a compensation claim.
United Kingdom Litigation
JS
JMW Solicitors LLP
Article
What Are The Exceptional Hardship Sentencing Guidelines?
Accumulating 12 or more penalty points on your driving licence typically triggers an automatic disqualification, but the law provides a potential avenue for relief through exceptional hardship arguments. Understanding how these sentencing guidelines work and what evidence the courts require can make the difference between keeping your licence and facing a driving ban that could profoundly impact your employment, family responsibilities and daily life.
United Kingdom Criminal
JS
JMW Solicitors LLP
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Sovereign Immunity: Public Sector Government

Article
UK Supreme Court Holds That Foreign States Carrying Out Spyware And Hacking Operations Are Not Entitled To State Immunity From TORT Claims
The UK Supreme Court's narrow 3-2 decision in The Kingdom of Bahrain v Shehabi denies state immunity to foreign governments accused of remotely hacking individuals within UK territory, establishing that cyber surveillance operations causing harm to UK residents fall outside traditional immunity protections. This landmark ruling clarifies the territorial tort exception under the State Immunity Act 1978 and may expose foreign states to liability for state-sponsored cyberattacks targeting UK-based individuals
United Kingdom International
W
WilmerHale
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