United Kingdom: Litigation, Mediation & Arbitration

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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
Defending A Breach Of Contract Claim – Defences, Counterclaims And Litigation Tactics
Facing a breach of contract claim doesn't mean automatic liability. There are numerous defences available, from demonstrating no breach occurred to challenging the amount claimed, and strategic litigation tactics can fundamentally shift the balance of a dispute. Understanding your options early—including potential counterclaims, set-off rights, and tactical settlement offers—can make the difference between an unfavourable judgment and a successful defence.
United Kingdom Litigation
Taylor Rose
Video
One-Punch Manslaughter – When A Single Blow Kills (Video)
A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.
United Kingdom Litigation
OS
Olliers Solicitors
Article
The Dangers Of Speculation And Optimistic Guesswork: The Court’s Approach To Fact-finding And Inference In The Unlawful Information Gathering Claims As Has Been Widely Reported, The Claim Recently Brought By Prince Harry And Six Other Well-known Individuals Against Associated... Article 9 September 2026
A detailed analysis of the recent Prince Harry privacy claim judgment reveals crucial insights into how courts evaluate allegations of wrongdoing when direct evidence is limited. The case demonstrates the high evidential burden required to prove serious allegations through inference, the importance of proper witness statement procedures, and the severe cost consequences of pursuing speculative claims based on insufficient evidence.
United Kingdom Litigation
M
Macfarlanes LLP
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Related Country Guides

IA
International Arbitration
CA
Class Actions
EF
Enforcement of Foreign Judgments

Disclosure & Electronic Discovery & Privilege

Article
From Truth Recovery To Public Inquiry: The Legal Questions Ahead
Northern Ireland's Assembly has passed legislation establishing a Truth Recovery Public Inquiry into Mother and Baby Institutions, Magdalene Laundries and Workhouses operating between 1922 and 1995. The inquiry faces the complex challenge of building upon extensive prior research while navigating questions of scope, evidence handling, and balancing trauma-informed procedures with legal fairness requirements.
United Kingdom Government
TLT
Article
When Must Trustees Provide Trust-related Documents To Beneficiaries? By Tom Townsend
When beneficiaries request trust-related documents from trustees, a complex balancing act emerges between accountability and confidentiality. This analysis examines the legal framework governing disclosure obligations, exploring how courts weigh beneficiaries' rights to information against the need to protect sensitive settlor wishes and discretionary decision-making processes.
United Kingdom Commercial
Sinclair Gibson LLP
Article
The Dangers Of Speculation And Optimistic Guesswork: The Court’s Approach To Fact-finding And Inference In The Unlawful Information Gathering Claims As Has Been Widely Reported, The Claim Recently Brought By Prince Harry And Six Other Well-known Individuals Against Associated... Article 9 September 2026
A detailed analysis of the recent Prince Harry privacy claim judgment reveals crucial insights into how courts evaluate allegations of wrongdoing when direct evidence is limited. The case demonstrates the high evidential burden required to prove serious allegations through inference, the importance of proper witness statement procedures, and the severe cost consequences of pursuing speculative claims based on insufficient evidence.
United Kingdom Litigation
M
Macfarlanes LLP
See more

Arbitration & Dispute Resolution

Article
When Must Trustees Provide Trust-related Documents To Beneficiaries? By Tom Townsend
When beneficiaries request trust-related documents from trustees, a complex balancing act emerges between accountability and confidentiality. This analysis examines the legal framework governing disclosure obligations, exploring how courts weigh beneficiaries' rights to information against the need to protect sensitive settlor wishes and discretionary decision-making processes.
United Kingdom Commercial
Sinclair Gibson LLP
Article
Defending A Breach Of Contract Claim – Defences, Counterclaims And Litigation Tactics
Facing a breach of contract claim doesn't mean automatic liability. There are numerous defences available, from demonstrating no breach occurred to challenging the amount claimed, and strategic litigation tactics can fundamentally shift the balance of a dispute. Understanding your options early—including potential counterclaims, set-off rights, and tactical settlement offers—can make the difference between an unfavourable judgment and a successful defence.
United Kingdom Litigation
Taylor Rose
See more

Court Procedure

Article
Defending A Breach Of Contract Claim – Defences, Counterclaims And Litigation Tactics
Facing a breach of contract claim doesn't mean automatic liability. There are numerous defences available, from demonstrating no breach occurred to challenging the amount claimed, and strategic litigation tactics can fundamentally shift the balance of a dispute. Understanding your options early—including potential counterclaims, set-off rights, and tactical settlement offers—can make the difference between an unfavourable judgment and a successful defence.
United Kingdom Litigation
Taylor Rose
Podcast
Has Ferrara v Ferrara Changed The Law On Domicile And Forum? (Podcast)
The Court of Appeal's landmark decision in Ferrara v Ferrara addresses critical questions about when English domicile survives relocation abroad and how courts determine the appropriate forum for international divorce proceedings. This detailed analysis explores the legal tests for domicile and forum, examining why historic connections to England may influence jurisdictional decisions even after years of living overseas.
United Kingdom Family
AG
Anthony Gold Solicitors LLP
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Sovereign Immunity: Public Sector Government

Article
UK Supreme Court Holds That Foreign States Carrying Out Spyware And Hacking Operations Are Not Entitled To State Immunity From TORT Claims
The UK Supreme Court's narrow 3-2 decision in The Kingdom of Bahrain v Shehabi denies state immunity to foreign governments accused of remotely hacking individuals within UK territory, establishing that cyber surveillance operations causing harm to UK residents fall outside traditional immunity protections. This landmark ruling clarifies the territorial tort exception under the State Immunity Act 1978 and may expose foreign states to liability for state-sponsored cyberattacks targeting UK-based individuals
United Kingdom International
W
WilmerHale
Article
English Court Of Appeal Confirms New York Convention Ratification Does Not Waive State Immunity In Enforcement Proceedings
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?
Worldwide International
KL
Herbert Smith Freehills Kramer LLP
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