United Kingdom: Litigation, Mediation & Arbitration

When a Moscow arbitration threatened to drain assets protected by an English court undertaking, the High Court ordered disclosure of confidential arbitration materials. This November 2025 decision examines when arbitral confidentiality must yield to asset protection, and what it means for parties navigating parallel proceedings across jurisdictions.

The High Court's decision in White v Uber London Ltd has sent shockwaves through the litigation funding industry by ruling that communications between litigation funders and solicitors regarding funding decisions are not protected by litigation privilege. This judgment challenges the widely-held market assumption that such correspondence enjoys privilege protection, potentially making litigants more cautious about approaching funders and requiring parties to be more deliberate about what they include in ear

A client facing historic rape allegations was spared prosecution after detailed legal representations highlighted digital communications that contradicted the complainant's account.

When a Moscow arbitration threatened to drain assets protected by an English court undertaking, the High Court ordered disclosure of confidential arbitration materials. This November 2025 decision examines when arbitral confidentiality must yield to asset protection, and what it means for parties navigating parallel proceedings across jurisdictions.

The Supreme Court has delivered a landmark judgment on SALEFORM 2012 ship sale contracts, addressing whether buyers can recover loss of bargain damages when exercising cancellation rights due to sellers' proven negligence in failing to meet delivery deadlines. This decision resolves uncertainty following a surprising first instance ruling and clarifies the scope of compensation available under standard maritime sale agreements.

The High Court's decision in White v Uber London Ltd has sent shockwaves through the litigation funding industry by ruling that communications between litigation funders and solicitors regarding funding decisions are not protected by litigation privilege. This judgment challenges the widely-held market assumption that such correspondence enjoys privilege protection, potentially making litigants more cautious about approaching funders and requiring parties to be more deliberate about what they include in ear

The High Court has ruled that a company in liquidation must pay 85% of its former auditor's costs despite winning a professional negligence claim, after recovering only 1.6% of the damages sought. The decision examines when a claimant can be considered the 'successful party' for costs purposes and reinforces the high threshold for avoiding standard Part 36 offer consequences.

When a Moscow arbitration threatened to drain assets protected by an English court undertaking, the High Court ordered disclosure of confidential arbitration materials. This November 2025 decision examines when arbitral confidentiality must yield to asset protection, and what it means for parties navigating parallel proceedings across jurisdictions.

BCL Solicitors' partners have earned recognition as leading lawyers in criminal investigations, while the firm's experts analyze high-profile cases and systemic reforms shaping the UK criminal justice system.

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?

The Court of Appeal has ruled that ratifying the New York Convention does not waive a state's sovereign immunity in enforcement proceedings, creating a significant distinction from ICSID Convention protections. This decision clarifies the complex interaction between international arbitration treaties and state immunity rules, with important implications for investors seeking to enforce arbitral awards against sovereign states. The judgment contrasts sharply with recent Supreme Court precedent on ICSID award

English Court Of Appeal Rules That Signing The New York Convention Does Not Waive State Immunity From Adjudication