Inside disputes

Case review: non-assignment clauses and transferring the right to arbitrate by operation of law

Case review: non-assignment clauses and transferring the right to arbitrate by operation of law

The disputes team have written an article discussing an interesting recent Court of Appeal decision regarding non-assignment clauses

Articles | January 17, 2024

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Court endorses “bifurcated process” in a representative action under CPR 19.8

Court endorses “bifurcated process” in a representative action under CPR 19.8

Barclays Bank UK PLC v Terry & Anor [2023] EWHC 2726 (Ch) is an example of bifurcated proceedings in a representative action brought under CPR 19.8.

Articles | January 12, 2024

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Court considers evidentiary standard for service out of the jurisdiction where permission not required

Court considers evidentiary standard for service out of the jurisdiction where permission not required

The High Court considered the evidentiary standard a party must satisfy when seeking to rely on Civil Procedure Rule (CPR) 6.33(2B)(b) as the basis for serving a claim form out of the jurisdiction.

Articles | January 04, 2024

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UK to sign Hague Convention 2019: what do I need to know?

UK to sign Hague Convention 2019: what do I need to know?

On 23 November 2023, the UK government published its response to the consultation paper on the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

Articles | December 20, 2023

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Commercial Litigation Round-Up – December 2023

Commercial Litigation Round-Up – December 2023

Catch up on important legal developments in the past 4 months.

Articles | December 19, 2023

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Court declines jurisdiction over claims against UK company for alleged harms by third party supplier

Court declines jurisdiction over claims against UK company for alleged harms by third party supplier

English High Court declined to exercise jurisdiction over claims against Dyson related to the alleged forced labour practices of a Malaysian supplier.

Articles | December 18, 2023

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UK publishes official guidance to judiciary on use of AI

UK publishes official guidance to judiciary on use of AI

On 12 December 2023, the UK published official guidance to the judiciary on the use of AI in litigation in England & Wales.

Articles | December 13, 2023

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Courts have power to compel parties to engage in non-court based ADR

Courts have power to compel parties to engage in non-court based ADR

Discussing Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which stated courts do have the power lawfully to stay proceedings for the purpose of, or even order parties to engage in, Alternative Dispute Resolution.

Articles | December 11, 2023

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Court of Appeal considers the approach to assess a

Court of Appeal considers the approach to assess a "material adverse change"

Considering the court’s approach to assess whether there was a material adverse change in the company’s prospects was incorrect and the buyer’s claim failed.

Articles | December 05, 2023

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