United Kingdom: Court Procedure

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Article
Experimental Evidence In Patent Disputes, Part 1: Lessons From UK Case Law
Recent UK case law demonstrates how experimental evidence can decisively influence patent disputes on infringement and validity, but only when parties navigate strict procedural requirements, proportionate disclosure obligations, and careful alignment with patent specifications. Courts increasingly scrutinize the design, statistical rigor, and relevance of experiments while maintaining pragmatic standards for admissibility versus persuasiveness.
United Kingdom IP
CR
Carpmaels & Ransford LLP
Article
Svella v Virgin Media: English High Court Rejects Implied Good Faith Claims In Commercial Contracts
The English High Court has clarified when duties of good faith will be implied into commercial contracts, rejecting the notion that "relational contracts" automatically trigger such obligations. The decision establishes that courts must apply orthodox implication principles and confirms that settlement agreements are inherently unlikely to include implied good faith duties.
United Kingdom Commercial
MB
Mayer Brown
Article
Dissolved, Restored And Out Of Time – What Francis And Others v Silver Law LLP Means For Professional Negligence Claims
When a professional negligence claim approaches limitation and the proposed defendant has been dissolved, the Third Parties (Rights against Insurers) Act 2010 offers a potential route to pursue claims through professional indemnity insurers. However, a recent High Court decision demonstrates that this Act does not suspend limitation periods, leaving claimants vulnerable if they fail to take timely protective steps before the ordinary six-year deadline expires.
United Kingdom Litigation
SM
Shakespeare Martineau
Video
Instructing An IFA In Court Of Protection Cases: What To Include (Video)
Independent Financial Advisers need comprehensive information about a protected party's background, current finances, and future care projections to provide effective advice in Court of Protection cases. Deputies who understand how to frame instructions properly—focusing on what the money needs to achieve rather than simply what's available to invest—receive better-targeted financial guidance and can more effectively manage family expectations through scenario modelling.
United Kingdom Wealth Mgt
AG
Anthony Gold 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
Coventry & Warwickshire Development Partnership LLP v Avison Young (UK) Ltd
An adjudicator awarded nearly £9 million in a construction dispute, but the losing party challenged the enforcement on grounds of inadequate reasoning and procedural unfairness. The court examined whether the adjudicator provided sufficient reasons for the decision and whether there was a breach of natural justice when considering third-party assessment documents without proper notice to the parties.
United Kingdom Litigation
FE
Fenwick Elliott LLP
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
Omnia v Sidel Appeal Confirms: If You Intend To Opt Out, Do It Early
The UPC Court of Appeal has confirmed that actions can be commenced before a European patent application is granted, fundamentally changing the strategic calculus for patent applicants considering opt-out decisions. This ruling in Omnia v Sidel establishes that the window between publication and grant is no longer a safe period free from UPC jurisdiction risks. Patent owners who wish to avoid UPC litigation must now act swiftly after application publication to preserve their opt-out rights.
European Union IP
B
Boult Wade Tennant
Article
Ahmed v Uddin: The Court Considers The Factors At Play When Considering Whether To Give Permission To Bring Charity Proceedings
The High Court recently examined whether former members of a charitable mosque could proceed with litigation after their membership was terminated following an altercation. Despite finding the claimants had standing and a viable claim regarding procedural irregularities, the court refused permission based on the charity's financial position.
United Kingdom Commercial
WL
Withers LLP
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