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A guide to the litigation process in England and Wales
Inbrief
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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Jurisdiction Challenges
Inbrief
28 October 2021Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.
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Enforcing arbitral awards in England & Wales
Inbrief
28 October 2021Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.
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The increasing popularity of group litigation – and the risk for corporates. Andrew Wanambwa comments for International Bar Association
Press
06 September 2021Group litigation is on the rise, spurred on by the global nature of business and the introduction in some jurisdictions of legislation friendly to, for example, class action lawsuits. In-House Perspective considers what’s driving the trend and its implications for corporate risk, and, by extension, for in-house counsel.
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My supplier claims we made a deal over the phone but I disagree. Who’s right? Fraser McKeating writes for The Times
Press
09 August 2021One of my suppliers says we reached a deal but I don’t think we did. It was all done over the phone so I don’t have paper records. What can I do?
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Misrepresentation: the pitfalls of pre-contract statements
Inbrief
21 July 2021Prior to the conclusion of a contract parties will often make statements to each other - during negotiations, in tender documents and in a variety of other ways. Most pre-contract statements are carefully considered. But sometimes statements are made which are false or misleading. When false statements induce an innocent party to enter into a contract the consequences can be serious.
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Counsel to step up anti-piracy efforts after copyright win: Neil Parkes comments for Managing IP
Press
12 March 2021In-house lawyers in the music industry say two court rulings that ordered internet service providers to block access to stream-ripping websites will encourage them to target other services that have slipped through the net, and will add weight to their demands for legislative changes.
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New rules on witness statements in force from 6 April 2021
09 March 2021The Civil Procedure Rule Committee has approved new rules on preparing trial witness statements of fact in the Business and Property Courts of England and Wales (i.e. the Chancery Division, the Commercial Court, Circuit Commercial Court, Financial List). The new rules apply to trial witness statements signed on or after 6 April 2021 (with certain exceptions) and will have a significant impact. Parties and their advisers need to become familiar with the changes now for any trial statements that may already be in progress.
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Dispute Resolution Update - October 2020
16 October 2020Welcome to our October 2020 Dispute Resolution Update which collates some of our recent insights. We will be hosting our next dispute resolution webinar on the 5th November 'Trading through the pandemic: insolvency issues, risk and contractual performance.' You can find registration instructions here. Thank you for reading the October Dispute Resolution Update.
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Covert recordings – does use in court justify the risk?
13 October 2020With the ubiquity of smartphones, most people have the ability secretly to record a conversation or meeting, but in the context of proceedings before the court in England, key questions are: will the court allow covert recordings to be used as evidence? And will the maker of the recording risk liability to claims from the people recorded?
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Dispute Resolution Update - July 2020
20 July 2020Welcome to our July 2020 Dispute Resolution Update. We've included articles on a range of issues, including features on Covid-19, Professional Services and Sports Disputes. Since our last Update, Covid-19 and the enforced lockdown has turned life upside down for many businesses and individuals. As the world has adjusted, contentious issues have started to emerge. Not only can we help resolve such issues once they arise, we can also work with you to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Paula Barry.
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Important new case on disclosure, but has anyone noticed?
28 April 2020Given the dominance of the coronavirus over all aspects of life, including the law, it would be easy to miss the appearance of a new case about one of the basics of litigation.
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Legal Professional Privilege Update
21 April 2020This guide is intended to provide a brief overview of legal professional privilege. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
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Implying terms into commercial contracts impacted by COVID-19
31 March 2020We live and work in unprecedented times. The health of the population is rightly the priority, but it is abundantly clear that steps taken to prevent the spread of COVID-19 are having a very significant impact on the ability of businesses to fulfil obligations in commercial contracts.
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COVID-19: force majeure and frustration flowcharts
29 March 2020The Coronavirus situation may interfere with contractual performance for a variety of reasons. Download here our flowcharts of the issues for those considering whether it is possible to bring contracts to an end (or suspend performance of contractual obligations) without breaching the contract by relying on contractual force majeure clauses or the common law doctrine of frustration.
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Dispute Resolution Update - March 2020
12 March 2020Welcome to our March 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
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Terminating contracts: breaking up is never easy...
12 February 2020The UK has now left the EU. However, the precise terms of our departure are as yet unclear. In the face of uncertainty, prudent businesses are assessing contracts, their cost base and their exposure to currency fluctuations. As part of such a review, the well-prepared need to develop exit strategies where arrangements have become, or will become, unprofitable.
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Dispute Resolution Update - January 2020
16 January 2020Welcome to our January 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
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Restrictive covenants and team moves: three key employee competition cases in 2019
08 January 2020A significant threat to any business is the risk of employees leaving to set up in competition and misusing confidential information or trade secrets in doing so. We look back at three of the most significant employee competition decisions of 2019 in this constantly evolving area of law.
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Witness statements in the Business & Property Courts: no radical change, but room for improvement
07 January 2020After a consultation period, the Witness Evidence Working Group has published its report on factual witness evidence in the Business and Property Courts of England and Wales (the “B&PCs”), i.e. the Commercial Court, the Chancery Division and the Technology and Construction Court. The report does not propose radical changes, but recommends a number of ways in which the use of witness statements in the B&PCs can (and should) be improved.