United Kingdom: Litigation, Mediation & Arbitration

As generative AI tools become ubiquitous in the workplace, employers face a critical but often overlooked challenge: preserving AI-generated documents during litigation. This article examines how the duty to preserve evidence extends to GenAI prompts, outputs, and chat histories, and why failing to capture this data could expose organizations to serious legal consequences.

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

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...

In recent days, the legal community and broader public have been closely following Justice Secretary David Lammy's proposals to reform jury trials in England and Wales. After initial reports suggesting a dramatic reduction in jury trials, Lammy has now unveiled a more measured but still significant "Swift Courts" plan that will fundamentally alter access to jury trials for many defendants.

The Court of Appeal has partially reversed a High Court decision in a case examining whether a chargee's appointment of administrators was invalid due to improper purpose, specifically where debt acquisition followed a failed takeover bid. The judgment clarifies the boundaries of Braganza-style rationality duties in secured lending enforcement and explores when the equitable 'proper purpose' doctrine may constrain a creditor's right to appoint administrators under Schedule B1 of the Insolvency Act 1986.

School holidays following parental separation require careful planning to balance children's needs with practical considerations. This guidance explores how separated parents can navigate holiday arrangements, reduce conflict over special occasions and travel plans, and maintain focus on children's wellbeing throughout the process.

As generative AI tools become ubiquitous in the workplace, employers face a critical but often overlooked challenge: preserving AI-generated documents during litigation. This article examines how the duty to preserve evidence extends to GenAI prompts, outputs, and chat histories, and why failing to capture this data could expose organizations to serious legal consequences.

Offshore companies can face legal action in English courts under specific circumstances, even when based abroad. Understanding the jurisdictional requirements, including serious issues to be tried, jurisdictional gateways, and forum appropriateness, is essential for both claimants seeking to initiate proceedings and defendants looking to protect their interests in cross-border shareholder disputes.

The UK Supreme Court's landmark judgment in Great Asia Maritime Limited v Orion Shipping and Trading LLC fundamentally alters the commercial landscape for contractual termination rights. Where compensation clauses distinguish between "losses" and "expenses," parties may now recover loss of bargain damages without proving repudiatory breach.

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