Internal investigation documents – should you hand them over?

19 September 2018

Affirming the scope of professional privilege, the Court of Appeal has confirmed that certain documents generated in internal investigations carried out prior to court proceedings are protected by litigation privilege.

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How will the disputes battleground change after Brexit?

10 September 2018

As the deadline of 11.00 p.m. on 29 March 2019 creeps up on us, we wait nervously to find out if we will get “no deal”, a “bad deal” or the elusive “good deal”. We provide an update on the current proposals by the UK Government relating to legal disputes.

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The appeal of being prepared to appeal

10 September 2018

In harassment proceedings brought against the Daily Mail by Zipporah Lisle-Mainwaring in connection with her red and white candy stripe coloured house, the Court of Appeal highlights the importance of following procedure when applying for permission to appeal.

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Ambiguous and contradictory arbitration clause in Russian: what could possibly go wrong?

10 September 2018

The Commercial Court has allowed the challenge of an award on the basis of the unclear translation of an arbitration clause in a decision highlighting the importance of using clear and unambiguous terms in foreign language documents.

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Duty of care – buyer beware!

10 September 2018

A recent decision of the Technology and Construction Court emphasised the challenges a claimant faces establishing a duty of care in the absence of a contractual relationship.

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The (in)adequacy of ATE policies as security for costs

10 September 2018

In a blow to claimants responding to demands for security for costs, the High Court as reiterated the general proposition that ATE policies are unlikely to provide adequate security if they contain certain exclusions.

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Which litigation documents can non-parties obtain?

10 September 2018

The Court of Appeal has provided clarificatory guidance as to what documents generated by legal proceedings are accessible to non-parties.

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