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
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
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
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
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
High Court ruling acknowledges the extraterritorial effect of US secondary sanctions. By Charles Claypoole and Nell Perks In the recent case of Lamesa Investments Ltd v. Cynergy Bank Ltd [2019] EWHC 1877 (Comm), the High Court found that US secondary sanctions constituted a “mandatory provision of law” excusing non-payment under a Facility Agreement. Facts Lamesa … Continue Reading
English Court of Appeal reaffirms privilege over internal investigation documents prepared in contemplation of litigation. By Jon Holland, Andrea Monks, Stuart Alford QC, Nate Seltzer, Dan Smith, and James Fagan In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for documents prepared during internal investigations (e.g., interview notes, forensic accounting … Continue Reading
Arbitrators should disclose subsequent appointments to related arbitration proceedings, particularly if cases materially overlap. By Oliver E. Browne and Robert Price In the Halliburton v Chubb ruling, the Court of Appeal held that an arbitrator who did not disclose subsequent appointments to related arbitration proceedings should have disclosed those subsequent appointments both as a matter … Continue Reading
By Oliver Browne Although there remains no widely accepted definition of good faith under English law, and English law has committed itself to no overriding principle of good faith, English law has developed piecemeal solutions in response to demonstrated problems of unfairness. The variety of these solutions, and the pace with which they are being … Continue Reading
By Stuart Alford QC, Daniel Smith and Kem Ihenacho Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. Privilege has important implications for private equity beyond litigation, and can affect how firms … Continue Reading
By Daniel Smith, Clare Nida and Yasmina Borhani The UK’s growing focus on corporate criminal liability was seen in two recent pieces of news. Last Friday the government announced a consultation on extending the reach of corporate criminal liability to additional economic crimes, in order to avoid the current English law requirement to identify a … Continue Reading
