United Kingdom: Litigation, Mediation & Arbitration

As generative AI tools become ubiquitous in the workplace, employers face a critical but often overlooked challenge: preserving AI-generated documents during litigation. This article examines how the duty to preserve evidence extends to GenAI prompts, outputs, and chat histories, and why failing to capture this data could expose organizations to serious legal consequences.

English courts have reaffirmed that witness coaching is prohibited regardless of method, including through AI chatbots. A recent criminal case examined whether AI-generated documents that rehearsed cross-examination answers constituted impermissible coaching, ultimately finding that while such use violates established principles, procedural safeguards may prevent proceedings from being stayed. The decision raises critical questions about how AI tools intersect with longstanding rules protecting witness test

The Disclosure Review Working Group (DRWG), which is considering the potential simplification of disclosure rules for the Business and Property Courts, has today published a brief update on progress...

Recent case law from the Unified Patent Court has created uncertainty about when European patent applications can be drawn into UPC jurisdiction, potentially blocking opt-out opportunities for patent owners who wish to avoid the system. The Paris Central Division's decision in Omnia v Sidel suggests that applications approaching grant may already fall under UPC jurisdiction, even before formal grant is published.

When relationships break down after holidays, couples with international connections face complex legal challenges involving different nationalities, overseas property, and cross-border assets. Understanding jurisdiction, financial arrangements, and children's welfare becomes crucial when navigating divorce across multiple countries.

England's High Court has dismissed Shein's copyright lawsuit against Temu, ruling that the marketplace platform is not liable for third-party sellers uploading proprietary product images. The decision establishes important precedent for ISP liability, determining that passive intermediaries without specific knowledge of infringement cannot be held responsible for merchant-uploaded content. The judgment opens the door for Temu to potentially seek damages for premature takedowns of product listings.

Rising business costs are putting pressure on commercial contracts with fixed pricing. This analysis examines the contractual mechanisms available under English law to adjust prices when margins compress, from cost-plus models and escalation clauses to change in law provisions and termination rights, while exploring how to balance legal enforceability with preserving valuable client relationships.

Recent case law from the Unified Patent Court has created uncertainty about when European patent applications can be drawn into UPC jurisdiction, potentially blocking opt-out opportunities for patent owners who wish to avoid the system. The Paris Central Division's decision in Omnia v Sidel suggests that applications approaching grant may already fall under UPC jurisdiction, even before formal grant is published.

When a parent takes a child abroad for a holiday with permission but refuses to return them to England or Wales at the agreed time, it may constitute international parental child abduction. Understanding the legal distinction between wrongful removal and wrongful retention is critical, as is knowing what immediate steps to take when a child has not been returned as agreed.

The UK Supreme Court's narrow 3-2 decision in The Kingdom of Bahrain v Shehabi denies state immunity to foreign governments accused of remotely hacking individuals within UK territory, establishing that cyber surveillance operations causing harm to UK residents fall outside traditional immunity protections. This landmark ruling clarifies the territorial tort exception under the State Immunity Act 1978 and may expose foreign states to liability for state-sponsored cyberattacks targeting UK-based individuals

The UK Supreme Court has ruled on whether sovereign states can invoke immunity to resist enforcement of adverse ICSID arbitration awards in English courts. Spain and Zimbabwe challenged the registration...

The English Court of Appeal has ruled that a state's ratification of the New York Convention does not constitute a waiver of sovereign immunity in enforcement proceedings. Does this decision create obstacles for investors seeking to enforce arbitral awards against states, and what strategies should parties employ when contracting with state entities?