United Kingdom: Court Procedure

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
SRA's Section 44B Powers Finally Determined After Many Years Of Debate
A High Court ruling has determined that the Solicitors Regulation Authority cannot compel production of legally privileged documents under section 44B of the Solicitors Act 1974, fundamentally limiting the regulator's investigative powers. The decision raises critical questions about the scope of regulatory investigations when client privilege is asserted, particularly in cases involving third-party complaints where the firm and client's interests align.
United Kingdom Litigation
RPC
Article
Pulp The Fiction? Piers Morgan V Earl Charles Spencer Explained
Piers Morgan has threatened legal action against Earl Charles Spencer over claims in his memoir 'Swan Song: Diana, My Sister' that falsely attributed intrusive photographs of Princess Diana to Morgan's editorship. The Earl swiftly apologized for the factual error, raising questions about how early apologies and offers of amends might affect potential defamation proceedings and damage awards.
United Kingdom Litigation
BL
Brabners LLP
Article
Unlawful Means Conspiracy: What A Supreme Court Rethink Could Mean
The Supreme Court is poised to reconsider the legal framework surrounding unlawful means conspiracy, a decision that could have far-reaching implications for how businesses and individuals approach commercial disputes. This potential shift in legal interpretation raises critical questions about liability, corporate conduct, and the boundaries of actionable conspiracy claims in civil litigation.
United Kingdom Litigation
S
Stewarts
Article
Why School Leaders Should Warn Parents About Using AI For Complaints And Legal Claims
Parents are increasingly using AI to draft complaints and legal correspondence against schools, but courts are growing concerned about AI-generated legal materials that contain inaccurate information, fabricated case references, and excessive text that obscures real issues. School leaders need to recognize the warning signs of potential legal claims hidden within AI-generated complaints and understand when to seek early legal advice.
United Kingdom Consumer
WS
Winckworth Sherwood
Article
Court Of Appeal Rules That Clients Cannot Seek Disclosure Of Secret Commissions As Part Of An Assessment Of Their Solicitors’ Bill
The Court of Appeal has ruled that clients cannot use the solicitor-client assessment process to investigate whether their solicitors received secret commissions from ATE insurers. This judgment in Turner v Coupland Cavendish Limited raises important questions about how clients can effectively challenge undisclosed financial arrangements when traditional remedies may be prohibitively expensive.
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
Article
What Happens After A Dangerous Driving Charge?
Facing a dangerous driving charge can result in severe penalties including mandatory driving bans, substantial fines, and even imprisonment. Understanding the legal framework, the distinction between dangerous and careless driving, and how the court process unfolds is crucial for anyone accused under the Road Traffic Act 1988. Expert legal representation from the initial police interview through to court proceedings can significantly influence the outcome of your case.
United Kingdom Criminal
JS
JMW Solicitors LLP
Article
Court Of Appeal Confirms There Is No Gateway For Serving A Stand-alone Freezing Order Applications On Overseas Chabra Respondents
The Court of Appeal has ruled on a critical jurisdictional question affecting civil fraud and asset recovery practitioners: whether judgment creditors can serve stand-alone worldwide freezing orders on third parties abroad under section 37(1) of the Senior Courts Act 1981. In Gilbert v Broadoak Private Finance Ltd, the court examined the scope of jurisdictional gateways and their application to Chabra respondents located overseas, with significant implications for cross-border enforcement proceedings.
United Kingdom Litigation
PCB Byrne
Article
A Stipulated Time Period Term Was Not A Condition And Its Breach Did Not Therefore Constitute A Repudiatory Breach Entitling Recovery For Loss Of Bargain Damages
A High Court appeal examines whether a shipbuilding contract's 120-day deadline for providing refund guarantees constituted a contractual condition, determining the buyers' entitlement to terminate and claim substantial loss of bargain damages. The case explores how courts interpret time stipulations in commercial contracts and the distinction between conditions and innominate terms when parties have negotiated express termination clauses.
United Kingdom Commercial
RPC
Article
Supreme Court Restricts Contractor’s Right To Terminate For Repeated Employer Defaults
The Supreme Court examined whether a contractor could terminate a construction contract following two late payments by the employer, even though the first payment was made within the contractual cure period. The case centered on interpreting standard JCT contract termination provisions and whether a 'repeated default' clause required an earlier accrued right to terminate.
United Kingdom Litigation
RPC
Article
Transparency, Bias And Bid Re-moderation: Involve Visual Collaboration Limited V The Secretary Of State For Work And Pensions [2026] EWHC 2209 (TCC)
The Technology and Construction Court examines critical issues of transparency and fairness in public procurement when the Department for Work and Pensions re-moderated bids following allegations of evaluator bias. This case explores the boundaries of contracting authority discretion and the procedural safeguards required to maintain competitive integrity in government contracting processes.
United Kingdom Government
GW
Gowling WLG
Article
More On The Horizon: Setting Aside Judgments Obtained By Fraud In England And Wales (Part 2)
The Court of Appeal recently addressed whether a judgment obtained through fraud can be set aside against a party that did not itself act fraudulently. In Estate of Euan McIntyre Lindsay & Anor v. Outlook Finance Ltd & Anor, the court examined circumstances where one party adopted and benefited from another's fraudulent case, establishing important principles about when fraud can be attributed across co-parties in litigation.
United Kingdom Litigation
GT
Greenberg Traurig, LLP
Article
Consistency in planning decision making
The High Court has quashed a planning permission for a high-rise development in the Chiswick House Conservation Area, finding that the council's planning committee was materially misled about the merits of an earlier approved fallback scheme. The judgment establishes important principles about how local planning authorities must accurately represent Inspector's findings from appeal decisions when considering new applications, particularly where those findings differ from officer assessments.
United Kingdom Real Estate
BS
Burges Salmon
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