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Category Archives: Dispute Resolution

Dispute Resolution – including bribery & corruption, fraud & white collar crime, arbitration, litigation

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What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Four

The EU-UK Trade and Cooperation Agreement has now been agreed. So what rules will apply to jurisdiction and foreign judgments in the UK from 1 January 2021? By Oliver Browne and Tom Watret Introduction It has been a long time in the making, but the UK and EU have finally reached an agreement (the EU-UK … Continue Reading

Don’t Waive Privilege Goodbye: High Court Finds Reliance On Legal Communications Constitutes Waiver Of Privilege

Litigants should take particular care when drafting witness statements to avoid waiving privilege. By Dan Smith and Aisling Billington In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference in a witness statement to communications with a legal adviser regarding a key contractual document … Continue Reading

Court of Appeal Rules That “Judgments on Judgments” Are Not Registrable for Enforcement Under the Administration of Justice Act 1920

The Court found that the Administration of Justice Act 1920 should be interpreted purposively rather than literally. By Oliver E. Browne and Callum Rodgers The English Court of Appeal has considered for the first time whether the Administration of Justice Act 1920 should be interpreted as permitting the registration of a Commonwealth State judgment in … Continue Reading

Landmark Judgment Rules in Favour of Latham Client Rothesay Life Plc

Court of Appeal sets out correct approach to transfer of long-term Insurance. By Victoria Sander, Jon Holland, Alex Cox, and Duncan Graves Latham & Watkins has won an appeal on behalf of Rothesay Life Plc (Rothesay) in an unprecedented challenge to the High Court’s refusal to sanction the transfer of around 370,000 annuity policies in … Continue Reading

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Three

English law, courts and arbitral tribunals may become more relevant and popular after Brexit, not less. By Oliver Browne, Sophie J. Lamb QC, Sanjev D. Warna-kula-suriya, and Tom Watret Introduction English law, courts, and arbitral tribunals may become more relevant and popular after Brexit, not less, and parties should continue to feel confident about including … Continue Reading

Court of Appeal: Professional Privilege Must Pass the “Dominant Purpose” Test

The Court narrowly interprets dominant purpose to exempt general tax advice from legal privilege. By Oliver E. Browne and Clare Nida In Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWHC 2607 (Ch), the High Court handed down the latest ruling in relation to the Financial Reporting Council’s (FRC) … Continue Reading

English Court of Appeal Overturns Decision that Guaidó Appointed Central Bank of Venezuela Board Controls Gold Reserves in England

The decision confirms that the UK government can recognise one person as de jure head of state of a foreign state and implicitly recognise another person as the de facto head of state. By Charles Claypoole and Isuru Devendra The English Court of Appeal’s recent decision in The “Maduro Board” of the Central Bank of … Continue Reading

Chinese Court Decision Reinforces Need for Clear and Precise Drafting of China-Related Arbitration Agreements

Shijiazhuang Intermediate People’s Court declares arbitration agreement providing for ICC Rules arbitration seated in China invalid. By Ing Loong Yang, Oliver Browne, and Isuru Devendra In a dispute between Hebei Zhongxing Automobile Manufacturing Co., Ltd. (HZAM), a Chinese company, and Automotive Gate FZCO (FZCO), a UAE company, the Shijiazhuang Intermediate People’s Court declared invalid two … Continue Reading

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Two

Four recent developments highlight the benefit of arbitration clauses amidst uncertainty about choice of court clauses. By Oliver Browne and Tom Watret Introduction With the end of the Brexit transition period on 31 December 2020 fast approaching, four new important and interrelated developments have highlighted uncertainty about which courts will have jurisdiction in cross-border disputes … Continue Reading

‘Iniquity Exception’ Extends to Breaches of a Director’s Statutory Duty

English High Court holds that alleged breaches of a director’s statutory duties can engage the ‘iniquity exception’, which disapplies legal professional privilege under certain conditions. By Stuart Alford QC and George Schurr In Barrowfen Properties v Girish Dahyanhai Patel & Ors.,[i] the English High Court held that the ‘iniquity exception’ to legal professional privilege will … Continue Reading

The Singapore Mediation Convention: Will It Enhance Mediation’s Effectiveness? … in 30 Seconds

The Convention, which entered into force this month, should allow courts in certain jurisdictions to recognize and enforce settlement agreements directly. By Oliver E. Browne and Philip Clifford QC Settling a dispute via mediation is one of the most time- and cost-effective approaches a party can take to resolve contentious issues. Mediation — a confidential … Continue Reading

So Say We All? Scope and Risks of Informal Shareholder Consent Clarified

A recent Privy Council decision examines the extent to which formal shareholder resolutions may be bypassed by relying on the Duomatic principle. By Daniel Smith and Alanna Andrew The ability for shareholders to pass resolutions — or assent to a course of action — quickly and informally is a potentially useful tool at any time, … Continue Reading

English Legal Advice Privilege Can Apply to Communications With Foreign Lawyers

High Court holds that English law legal advice privilege can extend to such communications regardless of whether or not the lawyers are in-house practitioners. By George Schurr In PJSC Tatneft v Gennady Bogolyubov & Ors.,[i] the English High Court held that legal advice privilege can apply to communications with foreign lawyers in certain circumstances. Specifically, … Continue Reading

UK Supreme Court Narrows Scope of “Reflective Loss” Principle

The decision overturns a series of cases deemed to have over-expanded a principle preventing shareholders from claiming against third parties for falls in a company’s value. By Oliver Middleton and Thomas F. Lane On 15 July 2020, the UK Supreme Court unanimously overturned a Court of Appeal decision that had barred a creditor of companies … Continue Reading

CMA Publishes COVID-19 Taskforce Update for July

The CMA continues to field COVID-19 complaints concerning refunds and previously widespread excessive prices on day-to-day products. By John D. Colahan and Anuj Ghai The CMA continues to respond to complaints from consumers on COVID-19-related issues. Consumers submitted more than 80,000 complaints through 28 June 2020, with the volume decreasing from 7,000 a week in … Continue Reading

UK Releases Guidance on Modern Slavery Act Reporting

The UK government continues to prioritise combatting modern slavery risks while also extending reporting deadlines amid the COVID-19 pandemic. By Clare Nida On 20 April 2020, the UK government published guidance for companies on how to approach their Modern Slavery Act statements during the COVID-19 pandemic. The government has stressed that businesses should continue to … Continue Reading

English Commercial Court: Foreign Judgment Did Not Establish Issue Estoppel

Parties may struggle to establish issue estoppel based on a foreign judgment, even when they agreed exclusive jurisdiction of English courts. By Oliver Browne, Yasmina Vaziri, and Tom Watret MAD Atelier International BV v. Manès [2020] EWHC 1014 (Comm) considers key aspects of the law of issue estoppel and abuse of process in relation to … Continue Reading

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit?

The UK has taken steps to accede to the Lugano Convention 2007, as maintaining the status quo under the Brussels Recast Regulation 1215/2012 will no longer be an option once the transition period expires. By Oliver Browne, Sebastian Seelmann-Eggebert, and Tom Watret The UK has recently requested to join the Lugano Convention 2007, which is … Continue Reading

Court of Appeal Clarifies Legal Professional Privilege

The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. By Oliver Browne and Clare Nida Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating to, legal professional privilege. In Civil Aviation Authority v. R (on behalf of the application … Continue Reading

Unexplained Wealth Orders Subject to Rigorous Judicial Scrutiny

Recent judgments help to clarify purpose and threshold of unexplained wealth orders. By Stuart Alford QC, Oliver Browne, and Clare Nida The National Crime Agency (NCA) has had a mixed start to 2020, with appeals heard on unexplained wealth orders (UWOs) testing the new investigative tools provided under the Criminal Finances Act 2017 (CFA). What … Continue Reading

High Court Rules on Confidentiality Claims in Competition Proceedings

The ruling may point to a trend that English courts are ever more willing to intervene in managing confidentiality rings. By Hayley M. Pizzey In Infederation Limited v Google LLC and others[1] the English High Court considered the extent to which confidential information should be protected from disclosure in competition proceedings. In a somewhat novel … Continue Reading

US Baseball Scandal Provides Valuable Lessons on Corporate Culture

The Commissioner held senior leadership accountable for illegal “sign-stealing”, even though the conduct generally involved players and low-level operations employees. By Nathan H. Seltzer, David Berman, Christopher D’Agostino, and Nell Perks On 13 January 2020, the Major League Baseball Commissioner handed down significant punishment (including fines and suspension) to the Houston Astros baseball team and … Continue Reading
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