United Kingdom: Litigation, Mediation & Arbitration

The English High Court has ruled that legal advice privilege can extend to internal communications between members of a client group within an organisation, provided these communications are prepared for the dominant purpose of seeking legal advice.

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

A construction adjudication case examines whether an adjudicator breached natural justice by determining a compensation event based on contractual provisions neither party argued. The Trust challenged enforcement of a £1.6 million decision, claiming the adjudicator decided the dispute on grounds the parties never had opportunity to address.

The decision shows that whether loss of bargain damages are recoverable when exercising a contractual termination right will turn on the construction of the particular contract.

A recent English High Court judgment examines how courts manage parallel restructuring litigation when a New York law indenture intersects with an English law intercreditor agreement.

A construction adjudication case examines whether an adjudicator breached natural justice by determining a compensation event based on contractual provisions neither party argued. The Trust challenged enforcement of a £1.6 million decision, claiming the adjudicator decided the dispute on grounds the parties never had opportunity to address.

Expatriates and internationally mobile families in London often face complex questions about where divorce proceedings should take place. This article examines the legal framework governing jurisdiction in England and Wales, exploring when foreign nationals and expats can access these courts and how the choice of jurisdiction can significantly impact financial outcomes and other divorce-related matters.

The Court of Appeal’s decision in Afan Valley v Lupton Fawcett LLP shows the difficulties of applying the scope of duty and duty nexus tests from SAAMCO and Manchester v Grant Thornton.

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?