Use of AI in litigation: A quick look at today and the future
October 05, 2023
The role of AI in litigation is receiving increasing focus. In this briefing, we take a quick look at some ways in which AI is already used in the conduct of litigation and how it will be used in the future.
New EU Anti-Corruption Framework
July 24, 2023
Discussion of the European Commission's proposed Directive setting up a new anti-corruption framework.
Part 36: Offer to settle did not cover claims in draft amended pleadings
June 06, 2023
Consideration of the Court of Appeal judgment in Warburton v The Chief Constable of Avon and Somerset  EWCA Civ 209.
Court of Appeal allows party to gather documentary evidence from abroad
May 17, 2023
Helpful guidance on the courts’ approach to defendants who seek to use foreign court procedures to gather evidence to support their defence to English litigation.
Ferraris, frauds and settlement agreements
April 12, 2023
The Court of Appeal has provided significant guidance on the principles applicable to the interpretation of settlement agreements.
What do you need to know about the proposed failure to prevent fraud offence?
February 22, 2023
Our investigations and white collar crime team have produced an article discussing how a failure to prevent fraud offence will change the landscape for fraud investigations and compliance in the UK.
Scottish UCTA decision illustrates courts' reluctance to interfere in a commercial bargain
February 14, 2023
In the recent case of Benkert UK Ltd v Paint Dispensing Ltd  CSIH 55, the Scottish Appeal Court dismissed an appeal which challenged the reasonableness of a limitation of liability clause under the Unfair Contract Terms Act 1977.
Sovereign state immunity from anti-suit injunctions
November 22, 2022
UK P&I Club N.V. & Anor v Republica Bolivariana De Venezuela  EWHC 1655 (Comm) provides guidance on the factors the English courts will consider when deciding whether a state should benefit from state immunity and whether injunctive relief can be granted against a state.
ISDA Master Agreements: New guidance on when an Event of Default is 'continuing'
October 21, 2022
Members of our Litigation and Derivatives teams have written an article discussing the impact of the judgment in Grant & Ors v FR Acquisitions Corporation and (Europe) Ltd & JFV Firth Rixson Inc  EWHC 2532 (Ch) which offers important new guidance on when an Event of Default is ‘continuing’ under both the 1992 and 2002 versions of the ISDA Master Agreement.
Court guidance on when a split trial is appropriate
October 07, 2022
The recent Commercial Court decision in Jinxin Inc. v Aser Media Pte Ltd & Ors  EWHC 2431 (Comm) provides helpful guidance on when a split trial (i.e. where issues in a case are decided in separate stages) will be ordered by the court.