Litigation Law, Mediation Law and Arbitration Law

The High Court has adjourned a landmark securities class action trial that was scheduled to begin in October 2026, marking what would have been the first such claim under the Financial Services and Markets Act 2000 to proceed to trial. The decision highlights the complex interplay between civil and criminal proceedings when substantial overlap exists, as the court weighed the risk of prejudicing ongoing criminal prosecution against the principle of open justice.

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.

The UK Supreme Court's decision in Evans v Barclays Bank clarifies critical distinctions between opt-in and opt-out collective proceedings, establishing that claim strength is a relevant factor in certification decisions and that opt-in should be the starting point. The judgment addresses the weight to be given to regulatory decisions, the balance between access to justice and defendants' rights, and the practical considerations that should guide the Competition Appeal Tribunal's certification process.

The Amos Report examines whether this latest inquiry into UK maternity care will finally drive meaningful improvement or simply repeat lessons already identified by previous investigations. With decades of warnings about avoidable harm, persistent inequalities, and failures to learn from past mistakes, the report raises critical questions about systemic accountability and the effectiveness of reform efforts. Will this become another report that gathers dust, or a genuine catalyst for safer, more equitable m

Explore the legal implications and professional responsibilities surrounding kindness in crisis situations, examining how solicitors navigate ethical obligations when helping clients through failure and difficult circumstances. This analysis delves into the intersection of compassion and legal practice in criminal law.

AI hallucinations are not temporary glitches but fundamental features of how large language models operate, generating plausible yet false information through pattern prediction rather than fact retrieval. Despite widespread reliance on human oversight to catch these errors, confirmation bias and practical constraints make such review inadequate, raising critical questions about professional liability when AI-assisted work contains fabricated citations or data. As courts begin sanctioning professionals for

The Unified Patent Court's Court of Appeal has clarified the distinct procedural requirements for obtaining evidence preservation orders versus provisional measures, establishing that patentees need not demonstrate patent validity or justify preparation timelines when seeking to secure proof of suspected infringement. This landmark decision in TIRU v Valinea resolves critical questions about the scope of duty of candour and the threshold for ex parte relief in UPC proceedings.

The High Court has adjourned a landmark securities class action trial that was scheduled to begin in October 2026, marking what would have been the first such claim under the Financial Services and Markets Act 2000 to proceed to trial. The decision highlights the complex interplay between civil and criminal proceedings when substantial overlap exists, as the court weighed the risk of prejudicing ongoing criminal prosecution against the principle of open justice.

The High Court of England & Wales recently examined the scope of liquidators' powers to request documents from related parties under the Insolvency Act 1986. When liquidators sought an 'everything forever' order requiring a sister company to produce all documents relating to the company in liquidation, the court had to balance the statutory duty to cooperate against the principle of proportionality and reasonable necessity.

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.

A personal injury solicitor shares her firsthand experience of catastrophic injury during pregnancy, offering unique insight into the challenges of hospital treatment, rehabilitation, and recovery. Her story demonstrates how professional legal support combined with proper rehabilitation can help rebuild quality of life after life-changing accidents.

The Ockenden Review has uncovered serious and repeated concerns in maternity care at Nottingham University Hospitals, spanning thousands of cases from 2012 to 2025. With findings identifying systemic failures in patient safety, clinical practice, and organisational culture, the review raises critical questions about whether improved care could have prevented devastating outcomes for affected families.