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Category Archives: Dispute Resolution

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

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US DOJ Emphasises Importance of Corporate Culture

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

Senior US DOJ Official Sets Forth New Priorities for Pursuing Corporate Crime

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

Filter Future? Updates on the Copyright Directive and Platform Liability

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

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

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

UK Supreme Court Affirms “Orthodox” Approach to Liquidated Damages in English Law

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

English Court Finds Litigation Privilege In Documents Obtained By Deception

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

English Court Confirms Expansive Jurisdiction to Reverse Transactions to Defraud Creditors Even Outside Insolvencies

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

UK Introduces New Global Anti-Corruption Sanctions Regime

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

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

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

Remote Evidence in English Courts: Some Timely Reminders

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

Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility

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

English Court Increasingly Willing To Order Disclosure From Third-Party Devices

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

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
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