United Kingdom: Litigation, Mediation & Arbitration

Dashboard cameras are increasingly common on UK roads, but many drivers don't realize that the footage they capture can be used as evidence against them in court. Understanding when dashcam footage is admissible, how police forces obtain and use it, and what legal standards apply is crucial for anyone who uses these devices. If you're facing allegations based on dashcam evidence, knowing your rights and options for mounting a defense can make a significant difference to the outcome of your case.

Northern Ireland's Assembly has passed legislation establishing a Truth Recovery Public Inquiry into Mother and Baby Institutions, Magdalene Laundries and Workhouses operating between 1922 and 1995. The inquiry faces the complex challenge of building upon extensive prior research while navigating questions of scope, evidence handling, and balancing trauma-informed procedures with legal fairness requirements.

When beneficiaries request trust-related documents from trustees, a complex balancing act emerges between accountability and confidentiality. This analysis examines the legal framework governing disclosure obligations, exploring how courts weigh beneficiaries' rights to information against the need to protect sensitive settlor wishes and discretionary decision-making processes.

Irwin Mitchell provides comprehensive legal news, expert commentary, and industry insights across key sectors. The firm's latest Leading Litigator Report reveals that 69% of General Counsels now view litigation as either an operational necessity or strategic investment, examining how in-house legal teams are navigating alternative funding, AI adoption, and geopolitical influences while managing risk and controlling costs.

English law-governed intercreditor agreements increasingly feature distressed disposal provisions that enable liability management exercises with non-pro rata outcomes for equally-ranked creditors.

A High Court ruling examines the meaning of 'unforeseeable' in force majeure clauses and the strict notice requirements under GAFTA Form 48 terms, following a dispute over Ukrainian corn shipments delayed...

Stepparents in England and Wales often play a central role in raising children, yet many families are unaware that marriage or civil partnership alone does not grant parental responsibility. This article examines the legal distinction between day-to-day care and formal parental responsibility, exploring when stepparents may need legal status and the routes available to obtain it. Drawing on recent case law and statutory provisions, it clarifies the practical implications for blended families navigating educ

The High Court has rejected expert testimony in a clinical negligence case where the expert failed to consider the full range of accommodation options and their respective advantages and disadvantages. This decision serves as a critical reminder that experts must address the spectrum of reasonable opinions on contested matters, not merely advocate for a single position that favors their instructing party.

Magistrates' Courts follow structured sentencing guidelines when determining penalties for drink driving offences, with alcohol readings establishing initial categories that are then adjusted based on aggravating factors, mitigating circumstances, previous convictions and guilty plea credit. The court must balance consistency with individual case circumstances when deciding between fines, community orders, custodial sentences and the length of driving bans, while also considering special reasons arguments a

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?