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 Unified Patent Court (UPC) introduces a complex costs regime that significantly impacts both patent holders pursuing enforcement and defendants facing infringement claims. Understanding these financial implications is crucial for strategic decision-making, as the costs can substantially affect the overall risk-reward calculation beyond the substantive merits of patent disputes.

The Solicitors Regulation Authority has launched a consultation on proposals to strengthen requirements for solicitors using or arranging third-party litigation funding in consumer claims, alongside new guidance on complying with existing professional obligations. This initiative addresses risks in the high-volume consumer claims sector, including potential conflicts of interest and inadequate client information.

Private landowners may unknowingly lose control of their property when members of the public acquire rights of way through continuous use over 20 years, even without the owner's knowledge or consent. This analysis examines the legal mechanisms available to protect against such claims, including the strategic use of section 31(6) statements under the Highways Act 1980, and explores recent Court of Appeal guidance on what constitutes an 'interruption' to public use following the landmark Roxlena Ltd v Rambler

The Unified Patent Court (UPC) introduces a complex costs regime that significantly impacts both patent holders pursuing enforcement and defendants facing infringement claims. Understanding these financial implications is crucial for strategic decision-making, as the costs can substantially affect the overall risk-reward calculation beyond the substantive merits of patent disputes.

The UK High Court has approved a groundbreaking dynamic blocking mechanism that allows pharmaceutical companies to block websites selling counterfeit medicines without requiring repeated court applications. This novel approach enables rights holders to self-certify breaches and directly instruct Internet Service Providers to block qualifying websites, marking a significant evolution in combating online pharmaceutical counterfeiting. The decision extends website blocking orders beyond traditional copyright e

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.

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