United Kingdom: Court Procedure

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Article
Svella v Virgin Media: English High Court Rejects Implied Good Faith Claims In Commercial Contracts
The English High Court has clarified when duties of good faith will be implied into commercial contracts, rejecting the notion that "relational contracts" automatically trigger such obligations. The decision establishes that courts must apply orthodox implication principles and confirms that settlement agreements are inherently unlikely to include implied good faith duties.
United Kingdom Commercial
MB
Mayer Brown
Article
Dissolved, Restored And Out Of Time – What Francis And Others v Silver Law LLP Means For Professional Negligence Claims
When a professional negligence claim approaches limitation and the proposed defendant has been dissolved, the Third Parties (Rights against Insurers) Act 2010 offers a potential route to pursue claims through professional indemnity insurers. However, a recent High Court decision demonstrates that this Act does not suspend limitation periods, leaving claimants vulnerable if they fail to take timely protective steps before the ordinary six-year deadline expires.
United Kingdom Litigation
SM
Shakespeare Martineau
Video
Instructing An IFA In Court Of Protection Cases: What To Include (Video)
Independent Financial Advisers need comprehensive information about a protected party's background, current finances, and future care projections to provide effective advice in Court of Protection cases. Deputies who understand how to frame instructions properly—focusing on what the money needs to achieve rather than simply what's available to invest—receive better-targeted financial guidance and can more effectively manage family expectations through scenario modelling.
United Kingdom Wealth Mgt
AG
Anthony Gold Solicitors LLP
Article
Case Update: The Wine Enterprise Investment Scheme Limited (In Liquidation) V Crowe U.K. LLP [2026] EWHC 1662 (Ch) – When A Win Is Not A Win
Wine Enterprise (in liquidation; the “Company”) brought a claim in the High Court (the “Court”) against its former auditors (“Crowe”) in relation to seven audit years, contending, among other things, that Crowe had dishonestly assisted the Company’s directors in what was alleged to be a “Ponzi” scheme
United Kingdom Litigation
Velitor Law
Article
Correcting An Obvious Mistake In Drafting As A Matter Of Construction
When a manufacturing agreement contained a critical drafting error in its limitation of liability clause, the English Commercial Court applied the Chartbrook principle to correct the mistake through construction. The court examined multiple factors including contractual risk allocation, commercial coherence, and the overall quality of drafting to determine that the clause should limit the manufacturer's liability rather than the customer's liability as written.
United Kingdom Commercial
RPC
Article
A Stipulated Time Period Term Was Not A Condition And Its Breach Did Not Therefore Constitute A Repudiatory Breach Entitling Recovery For Loss Of Bargain Damages
A High Court appeal examines whether a shipbuilding contract's 120-day deadline for providing refund guarantees constituted a contractual condition, determining the buyers' entitlement to terminate and claim substantial loss of bargain damages. The case explores how courts interpret time stipulations in commercial contracts and the distinction between conditions and innominate terms when parties have negotiated express termination clauses.
United Kingdom Commercial
RPC
Article
Supreme Court Restricts Contractor’s Right To Terminate For Repeated Employer Defaults
The Supreme Court examined whether a contractor could terminate a construction contract following two late payments by the employer, even though the first payment was made within the contractual cure period. The case centered on interpreting standard JCT contract termination provisions and whether a 'repeated default' clause required an earlier accrued right to terminate.
United Kingdom Litigation
RPC
Article
Consistency in planning decision making
The High Court has quashed a planning permission for a high-rise development in the Chiswick House Conservation Area, finding that the council's planning committee was materially misled about the merits of an earlier approved fallback scheme. The judgment establishes important principles about how local planning authorities must accurately represent Inspector's findings from appeal decisions when considering new applications, particularly where those findings differ from officer assessments.
United Kingdom Real Estate
BS
Burges Salmon
Article
Restraint And Validation: A High Bar
Elevate Estates Management Ltd sought to restrain a winding-up petition based on rent arrears exceeding £836,000, arguing that substantial payments had not been credited and advancing a repair-related cross-claim exceeding £330,000. The court rejected both arguments, finding the alleged uncredited payments were unparticularised and the cross-claim lacked contemporaneous documentary evidence, ultimately dismissing the applications and awarding indemnity costs against Elevate.
United Kingdom Insolvency
MR
Mills & Reeve
Article
Bankruptcy Petition Can Be Presented On An Unregistered Foreign Judgment
The Supreme Court has reversed a Court of Appeal decision in a landmark case involving a Russian judgment worth 2 billion roubles, settling whether creditors can present bankruptcy petitions based on unrecognised foreign judgments. This ruling establishes that foreign judgments create common law obligations constituting debts under the Insolvency Act 1986, though questions remain about when debtors can dispute such debts on public policy or fraud grounds.
United Kingdom Insolvency
MR
Mills & Reeve
Article
Four years, one fight: Standing with the Saints of St Helena
A law firm has spent four years fighting for justice for 145 people on the remote island of St Helena who say they were harmed by a surgeon's negligent treatment. What began as clinical negligence claims has evolved into a complex battle over access to justice for one of the world's most isolated communities, raising fundamental questions about equality before the law and the rights of vulnerable populations in British Overseas Territories.
United Kingdom Litigation
HJ
Hugh James
Article
The New TCC Guide 2026: What It Means For Your Business
The Technology and Construction Court has published its Fourth Edition Guide, introducing significant procedural changes that will reshape how construction and engineering disputes are managed. From enhanced Building Safety Act provisions to mandatory ADR considerations and new AI usage guidelines, these updates require businesses to make key litigation decisions earlier and justify them throughout proceedings.
United Kingdom Real Estate
ES
Eversheds Sutherland
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