United Kingdom: Litigation, Mediation & Arbitration

Four paralegals from Rothera Bray share their experiences working on the Nottingham Inquiry, one of the most significant public inquiries following the tragic June 2023 attacks.

In a recent decision, the High Court has confirmed that a litigation funder cannot assert litigation privilege over communications prepared for the dominant purpose of assessing the commercial viability of a claim – even if that includes an assessment of its merits...

The English High Court has issued groundbreaking guidance on legal advice privilege, addressing whether internal communications within a corporate client group can be protected when created for the purpose of seeking legal advice.

Disputes can arise at any time in any area of life, and construction projects are no exception. If you find yourself in the midst of a construction dispute in Scotland, there are various ways in which you can try to resolve...

Disputes in construction projects are sometimes unavoidable, given the complexity of arrangements and competing commercial interests involved.

Arbitration is increasingly being used to resolve family disputes involving children, but many assume it cannot handle cases with safeguarding concerns. This article examines whether that assumption holds true and explores how a more nuanced, risk-based approach could expand the safe use of arbitration in children cases where protective measures can be effectively managed.

Disputes in construction projects are sometimes unavoidable, given the complexity of arrangements and competing commercial interests involved.

Expedited arbitration procedures have evolved significantly, offering arbitration users multiple options ranging from standard six-month timelines to ultra-fast three-month resolutions. This comprehensive analysis examines the various types of expedited mechanisms now available across major arbitral institutions, their key features including accelerated timetables and streamlined submissions, and provides strategic guidance on when and how to deploy them effectively while mitigating enforcement risks.

Following widespread litigation over Halozyme's SPC families for Herceptin Hylecta and MabThera, Europe's highest court received a critical referral addressing whether recombinant human hyaluronidase can be considered an "active ingredient" despite its classification as an excipient in marketing authorisation documents. Advocate General Emiliou has now published a significant legal opinion proposing that substances expressly designated as excipients cannot be regarded as active ingredients for SPC purposes.

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

Enforcing arbitral awards against sovereign States presents complex strategic and practical challenges, particularly when navigating sovereign immunity arguments, cross-border asset identification, and multi-jurisdictional enforcement proceedings. A recent London International Disputes Week discussion examined these issues through the lens of the landmark Zhongshan v. Nigeria case, where a Chinese investor successfully secured and enforced a USD 70 million investment arbitration award against an African Sta

On 4 March 2026, the Supreme Court of the United Kingdom (the "Supreme Court") held in Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and Republic of Zimbabwe v Border Timbers Ltd that Spain...