United Kingdom: Litigation, Mediation & Arbitration

The High Court has ordered company directors to surrender their mobile devices to an independent reviewer for disclosure of instant messages, establishing that privacy rights do not automatically override disclosure obligations. This landmark decision addresses the intersection of agency law, disclosure requirements, and Article 8 privacy protections in modern litigation involving digital communications.

Welcome to our latest quarterly bulletin which contains updates on commercial litigation developments over the past three months, largely by reference to articles posted to our Litigation Notes blog in that period.

This is the 38th episode of our series of commercial litigation update podcasts. In this episode we discuss privilege, including a recent case on privilege and litigation funding...

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.

The Competition Appeal Tribunal has ruled on the withdrawal of five opt-out claims against musical instrument manufacturers, examining whether a Proposed Class Representative's failure...

As the summer holidays approach, many separated parents begin making plans for family holidays. Whilst these arrangements are often agreed without difficulty, disputes can arise when one parent wishes to take a child...

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.

The Competition Appeal Tribunal has ruled on the withdrawal of five opt-out claims against musical instrument manufacturers, examining whether a Proposed Class Representative's failure...

As the summer holidays approach, many separated parents begin making plans for family holidays. Whilst these arrangements are often agreed without difficulty, disputes can arise when one parent wishes to take a child...

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

English Court Of Appeal Rules That Signing The New York Convention Does Not Waive State Immunity From Adjudication