United Kingdom: Court Procedure

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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
No Debtor? No Problem. Raising Proceedings Against Absent Debtors With Scottish Heritable Property
When debtors vanish across borders but retain property in Scotland, creditors face a jurisdictional puzzle that many assume ends their recovery efforts. However, Scottish courts offer a powerful yet frequently overlooked route: jurisdiction based on immovable property ownership under the Civil Jurisdiction and Judgments Act 1982, enabling legal action even when traditional service methods fail.
United Kingdom Litigation
GGI Global Alliance
Article
The Renaissance Club At Archerfield LLP v BVB Sureties Limited
A Scottish court examines whether a performance bond demand met contractual requirements when the beneficiary's written claim contained general breach descriptions, exceeded the bond's maximum amount, and was signed by someone with an unconventional title. The case explores how courts apply the "reasonable recipient" test to determine if technical imperfections in demand notices should invalidate otherwise clear claims.
United Kingdom Litigation
FE
Fenwick Elliott LLP
Article
Split Trials In Securities Litigation – Split Decisions Or A Broadly Orthodox Approach?
Recent court decisions reveal evolving judicial approaches to split trials in securities litigation under the Financial Services and Markets Act 2000, particularly regarding when reliance issues should be heard. While the Boohoo case suggested a more defendant-friendly approach, the subsequent Entain judgment signals a return to splits favoring claimants, with significant implications for litigation strategy and cost management.
United Kingdom Litigation
TS
Travers Smith LLP
Article
TTSJV WLL & Ors v BapCo Refining BSC
A joint venture sought an injunction to prevent a beneficiary from calling on a US$484 million performance guarantee, arguing the liquidated damages clause was an unenforceable penalty and the demand was non-compliant. The court examined whether injunctive relief could be granted to suspend a bond call pending arbitration, and what standard of proof applies when challenging such demands on contractual grounds.
United Kingdom Litigation
FE
Fenwick Elliott LLP
Article
High Court Confirms Invalid Notice Of Readiness Cannot Trigger Laytime Under Voyage Charterparties
The High Court has reaffirmed strict requirements for serving a valid Notice of Readiness under voyage charterparties, ruling that an invalid NOR cannot start laytime running without clear evidence of waiver or estoppel. This decision provides critical guidance on protecting demurrage claims and assessing when laytime commences in shipping disputes.
United Kingdom Litigation
LA
Lester Aldridge LLP
Article
Game Developer And Publisher Battle Over Step In Rights
A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United Kingdom Litigation
LS
Lewis Silkin
Article
Your Witness, Or The Chatbot's? R V FGD On AI And The Prohibition Of Witness Coaching
English courts have reaffirmed that witness coaching is prohibited regardless of method, including through AI chatbots. A recent criminal case examined whether AI-generated documents that rehearsed cross-examination answers constituted impermissible coaching, ultimately finding that while such use violates established principles, procedural safeguards may prevent proceedings from being stayed. The decision raises critical questions about how AI tools intersect with longstanding rules protecting witness test
United Kingdom Litigation
D
Dechert
Article
Ross Kennedy Explains A Supreme Court Ruling On Sponsor Licence Penalties
The Supreme Court's ruling in Akbars Restaurant v Secretary of State for the Home Department has significant implications for employers facing illegal working penalties. The decision establishes that civil penalty notices must specify the exact statutory basis for liability rather than simply listing all possible grounds. Immigration practitioners and employers should examine existing penalty notices to determine whether they meet this new standard of specificity.
United Kingdom Immigration
VG
Vanessa Ganguin Immigration Law
Article
Ten ways to give your interim and interlocutory applications the very best chances of success
Legal teams in England and Wales often overlook the strategic value of interlocutory applications during litigation. This practical guide outlines ten essential principles for maximizing the success of interim applications, from thinking like a judge to addressing the CPR's Overriding Objective, while explaining why lawyers should be more proactive in utilizing the full procedural toolkit available under the Civil Procedure Rules.
United Kingdom Litigation
GC
Gatehouse Chambers
Article
Clinical Negligence, PI, Inquests & Inquiries Newsletter
Gatehouse Chambers' Personal Injury Team has been shortlisted for Personal Injury Set of the Year at the Legal 500 Bar Awards, reflecting the team's continued growth and excellence in advocacy. This newsletter edition features practical guidance on interlocutory applications, analysis of recent Court of Appeal decisions on workplace safety rights and public authority liability, and updates on team appointments and client events.
United Kingdom Litigation
GC
Gatehouse Chambers
Podcast
The UK Consumer Law Revolution Podcast: Deep Dive: High Court Hands Down Judgment In Long Awaited Emma Sleep Case (Podcast)
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
United Kingdom Consumer
LS
Lewis Silkin
Article
Group Litigation Orders: Supreme Court Clarifies When Courts May Order That A Judgment On A GLO Issue Is Not Binding On Other Parties Due To A Subsequent Change In The Law
The Supreme Court has clarified the circumstances in which courts may order that a judgment on a Group Litigation Order (GLO) issue is not binding on other parties when there has been a subsequent change in the law. The decision establishes that such orders should only be made in rare cases where it has been clearly established that the legal basis for the test case decision was wrong...
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
Article
UK Supreme Court Provides Streamlined Enforcement Option For International Creditors
The UK Supreme Court has ruled that creditors holding unrecognised foreign judgments from jurisdictions like Brazil, China, Russia, and the United States can now initiate bankruptcy proceedings in England without first obtaining UK court recognition. This landmark decision significantly expands enforcement options for international judgment creditors while creating new risks for debtors with assets in England and Wales, potentially extending to corporate winding-up petitions.
United Kingdom Litigation
D
Dechert
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