United Kingdom: Litigation, Mediation & Arbitration

The Government's plans to modernise criminal disclosure through artificial intelligence promise efficiency but raise fundamental questions about transparency and fairness. As AI systems begin reviewing millions of digital records in criminal investigations, the challenge shifts from finding material to understanding how technology determines what matters—and whether those decisions can be meaningfully scrutinised when trial fairness depends on it.

Generative AI is transforming legal discovery by enabling machine-first, human-verified workflows that promise unprecedented speed and efficiency. However, the real challenge lies not in the technology's capability to process vast volumes of data, but in strategically deploying senior legal expertise to ensure reviews remain both defensible and valuable.

This is the first article in our new series “From data to direction: using AI in litigation/investigations”. We’ll explore rapidly evolving AI-enabled capabilities, the power of combining tools and technologies and how you can effectively manage and analyze your data sources.

The Supreme Court has reversed a Court of Appeal decision in a landmark case involving a Russian judgment worth 2 billion roubles, settling whether creditors can present bankruptcy petitions based on unrecognised foreign judgments. This ruling establishes that foreign judgments create common law obligations constituting debts under the Insolvency Act 1986, though questions remain about when debtors can dispute such debts on public policy or fraud grounds.

The Technology and Construction Court has published its Fourth Edition Guide, introducing significant procedural changes that will reshape how construction and engineering disputes are managed. From enhanced Building Safety Act provisions to mandatory ADR considerations and new AI usage guidelines, these updates require businesses to make key litigation decisions earlier and justify them throughout proceedings.

The European Commission has launched a formal review of Regulation (EU) No 1215/2012, better known as the recast Brussels Regulation, which governs jurisdiction...

The Supreme Court has reversed a Court of Appeal decision in a landmark case involving a Russian judgment worth 2 billion roubles, settling whether creditors can present bankruptcy petitions based on unrecognised foreign judgments. This ruling establishes that foreign judgments create common law obligations constituting debts under the Insolvency Act 1986, though questions remain about when debtors can dispute such debts on public policy or fraud grounds.

A law firm has spent four years fighting for justice for 145 people on the remote island of St Helena who say they were harmed by a surgeon's negligent treatment. What began as clinical negligence claims has evolved into a complex battle over access to justice for one of the world's most isolated communities, raising fundamental questions about equality before the law and the rights of vulnerable populations in British Overseas Territories.

The Technology and Construction Court has published its Fourth Edition Guide, introducing significant procedural changes that will reshape how construction and engineering disputes are managed. From enhanced Building Safety Act provisions to mandatory ADR considerations and new AI usage guidelines, these updates require businesses to make key litigation decisions earlier and justify them throughout proceedings.

Eversheds Sutherland provides comprehensive legal services through a global network of separate and distinct legal entities. The firm's website offers access to legal professionals, insights on international arbitration, workplace technology deployment, and sovereign immunity cases, while maintaining clear disclaimers about the general information nature of its materials.

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

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...