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In a recent decision, the High Court found that there was a clear breach of the embargo on a draft judgment where the defendant disclosed the outcome to journalists on confidential terms and subject to an agreement that they would not publish anything until after formal hand down. However, it was not a breach to … Read more
The English courts have for many years recognised the benefits of ADR and encouraged parties to engage in it. That endorsement has become all the more pronounced with recent statements by the Master of the Rolls to the effect that there is nothing “alternative” about ADR. In this regard an issue which arises, and has … Read more
The High Court has held that it was within the court’s power to hand down a reserved judgment where the proceedings had settled before the draft judgment was circulated. There was no need for the court to be satisfied that there were exceptional circumstances. The proper approach was to weigh the public interest for and … Read more
With its theme “Dispute Resolution – Global, Sustainable, Ethical?” LIDW22 will take a critical look at the future of dispute resolution and its place in the post-pandemic world, through a series of events held both physically and virtually between 9 and 13 May. The programme for LIDW22 draws on current global issues driving the practice … Read more
The High Court has held that cryptoasset systems and software developers did not owe a duty to cryptoasset owners to permit or enable access to the assets where the owners had lost control over the assets following a hack. The court set aside an order permitting service of the proceedings on the developers out of … Read more
In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … Read more
We are delighted to present an updated version of our Guide to Dispute Resolution in Africa. This unique Guide presents the latest perspectives on dispute resolution procedures and trends in all of Africa’s 54 jurisdictions. Drawing on the extensive knowledge of our Africa practice lawyers as well as experienced local counsel in each of the jurisdictions, … Read more
The Court of Appeal has confirmed that the High Court was right to restrict the assistance an English court could give to a Russian trustee in bankruptcy at common law, refusing to allow immoveable property situated in England to be administered by the trustee as part of the foreign bankruptcy proceedings: Kireeva v Bedzhamov [2022] … Read more
The High Court has held that a defendant was entitled to maintain privilege over certain documents even though the claimants had obtained copies of the documents from a third party pursuant to subpoenas in Thailand: Suppipat v Siam Commercial Bank Public Company Ltd [2022] EWHC 381 (Comm). The decision suggests that where a party has … Read more
