A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. By Oliver E. Browne and Duncan Graves The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in a contract was unenforceable due to lack of clarity. The ruling signals to contracting … Continue Reading
A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. By Oliver E. Browne and Alex Cox The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is referred to in witness statements, pleadings, and submissions.[i] The High Court’s recent decision in … Continue Reading
The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. By Dr. Sebastian Seelmann-Eggebert, Shreya Ramesh, and Ram Mashru A tribunal seated in Sweden has become the first to uphold the “intra-EU objection” in an arbitration under the Energy … Continue Reading
Procedural omissions for service out of the jurisdiction will not impact issuance of a claim for the purposes of limitation. By Robert Price and Duncan Graves In Chelfat v. Hutchinson 3G UK Limited [2022] EWCA Civ 455, the UK Court of Appeal recently determined the effect of a procedural failure in relation to service of … Continue Reading
New legislation introduces further sanctions powers and aims to tackle financial crime by revealing identities of overseas beneficial owners of UK property. By Stuart Alford QC, Robert Price, Thomas Lane, and Harriet Slater Following the UK government’s successive sanctions packages, which are the subject of recent Latham & Watkins Client Alerts,[1] the response to Russia’s … Continue Reading
The decision exposes media outlets in the UK to liability if they identify suspects prior to charge, but carries lesser implications elsewhere. By Stuart Alford QC, James Lloyd, Harriet Slater, and Georgie Blears On 16 February 2022, the UK Supreme Court held that a suspect under criminal investigation has, prior to being charged, a reasonable … Continue Reading
The Court of Appeal ruled that losing proprietary rights under foreign law could invalidate personal claims against third party recipients of trust assets. By Daniel Smith and Anna James On 27 January 2022, the UK Court of Appeal unanimously dismissed an appeal brought by Saad Investments Company Limited (SICL) and its liquidators[1]. The court refused … Continue Reading
The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts of foreign states. By Charles Claypoole, Isuru Devendra and Michelle Taylor The UK Supreme Court (UKSC) recently issued … Continue Reading
The judgment clarifies the Court’s approach to proposed transfers under Part VII of FSMA, as well as the scope and application of s. 110(1)(b). On 24 November 2021, the High Court of England and Wales (the Court) sanctioned a £10.1 billion annuity book transfer from The Prudential Assurance Company Limited (PAC) to Rothesay Life Plc … Continue Reading
UK companies should be aware of the increasing focus on corporate culture by regulators on both sides of the Atlantic. By Nathan H. Seltzer, David Berman, Stuart Alford QC, Christopher M. Ting, and Nell Perks In a recent speech that has garnered significant attention, US Deputy Attorney General Lisa Monaco highlighted several important changes in … Continue Reading
The priorities will impact non-US companies who may face a US DOJ with a renewed emphasis on combating corporate crime. By Stuart Alford QC, Nathan H. Seltzer, and Christopher M. Ting In a recent speech that has garnered significant attention, the Deputy Attorney General of the United States, Lisa Monaco, highlighted several important changes regarding … Continue Reading
Recent developments at the CJEU give some shape to the practical implications of Article 17 of the Copyright Directive. By Jean-Luc Juhan, Susan Kempe-Mueller, Deborah Kirk, Elva Cullen, Alex Park, Pia Sophie Sösemann, Victoria Wan, and Amy Smyth 7 June 2021 was the implementation deadline for the Copyright in the Digital Single Market Directive (EU) … Continue Reading
By Tom Evans, David Walker, Daniel Smith, Aisling Billington, and Catherine Campbell The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. However, high levels of litigation driven by the COVID-19 pandemic (including insolvency … Continue Reading
Importantly for commercial parties, the decision indicates that parties are assumed to be aware of this approach. By Daniel Smith and Rebecca Angelini Liquidated damages clauses provide pre-agreed remedies for contracting parties in the event of particular breaches of contract. This allows the innocent party to avoid the time and effort of quantifying its loss, … Continue Reading
The ruling clarifies that a litigant can withhold disclosure of communications even if the other person was unaware that the communication was for a privileged purpose. By Daniel Smith and Mair Williams In recent years, the English court has examined litigation privilege carefully. However, no aspect has been the subject of more scrutiny than the … Continue Reading
Mr Justice Hacon finds that procedures for applying for permission to appeal are not altered by the COVID-19 Protocol. By Oliver E. Browne In Claydon v. Mzuri,[1] Mr Justice Hacon of the High Court has found that the COVID-19 Protocol does not alter the procedure for appeal applications if a decision is handed down remotely … Continue Reading
The ruling confirmed that Section 423 of the Insolvency Act 1986 has extensive international reach, and does not require a transaction at an undervalue to leave the debtor with insufficient assets. By Simon J. Baskerville, Oliver E. Browne, Jessica Walker, Daniel Smith, and Chris Attrill The English High Court has held that a creditor pursuing … Continue Reading
The regulations will enable the UK government to impose sanctions in response to serious corruption around the world. By Charles Claypoole, Amaryllis Bernitsa, and Robert Price On 26 April 2021, the United Kingdom implemented the Global Anti-Corruption Sanctions Regulations 2021 (the Regulations). The legislation sets out a new Global Anti-Corruption Sanctions Regime to combat serious … Continue Reading
Will the UK join the Lugano Convention 2007? By Oliver Browne and Tom Watret Introduction Conflicting reports have emerged in recent days as to whether the EU will approve the UK’s application to join the Lugano Convention 2007, the UK’s preferred regime for governing jurisdiction and the enforcement of judgments with EU Member States after … Continue Reading
Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and foreign court approval. By Dan Smith The COVID-19 pandemic has (albeit by necessity) ushered in a move towards remote justice. The vaccine rollout continues, and as lockdown restrictions begin to ease, English courts are now considering to what extent … Continue Reading
The decision clarifies the circumstances under which an arbitral award might be challenged. By Philip Clifford QC A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an obligation to negotiate) calls into question the admissibility of a claim, rather than calling into question the … Continue Reading
Two recent English cases illustrate the court’s receptiveness to disclosure orders in relation to informal communications on personal devices. By Dan Smith and Aisling Billington In two recent decisions, the English Court has demonstrated a pragmatic and targeted approach to ordering disclosure of material held on personal devices of third parties, and a recognition of … Continue Reading
Landmark decision holds that the SFO does not have the power to procure documents from foreign companies outside the jurisdiction. By Stuart Alford QC and Callum Rodgers On 5 February 2021, the UK Supreme Court handed down a highly significant judgment in R (on the application of KBR, Inc) v Director of the Serious Fraud … Continue Reading
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
