United Kingdom: Litigation, Mediation & Arbitration

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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
Expert Witness View Rejected Due To Failure To Consider The Range Of Opinions
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.
United Kingdom Litigation
BS
Burges Salmon
Article
What Is The Difference Between Jaundice And Kernicterus?
Jaundice is a common condition caused by a build-up of a yellow pigment called bilirubin in a newborn baby’s blood. Bilirubin is produced naturally when red blood cells break down, but a newborn baby’s liver may not yet process it quickly enough. This can cause the baby’s skin and the whites of their eyes to appear yellow. Kernicterus is a rare but serious form of permanent brain damage that can develop when severe jaundice is not recognised and treated quickly enough.
United Kingdom Litigation
JS
JMW Solicitors LLP
Article
Compound Fracture Compensation - How Much Can You Claim?
Sustaining a compound fracture can cause significant pain and may require surgery and rehabilitation. If another person or organisation caused your injury through negligence, you may be able to claim compound fracture compensation. There is no single amount for a compound fracture claim. The value depends on the bone affected, the severity of the fracture injury, the treatment you need and any permanent symptoms. Compensation can also reflect financial losses caused by the injury.
United Kingdom Litigation
JS
JMW Solicitors LLP
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Article
Can Dashcam Footage Be Used Against You?
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.
United Kingdom Criminal
JS
JMW Solicitors LLP
Article
From Truth Recovery To Public Inquiry: The Legal Questions Ahead
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.
United Kingdom Government
TLT
Article
When Must Trustees Provide Trust-related Documents To Beneficiaries? By Tom Townsend
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.
United Kingdom Commercial
Sinclair Gibson LLP
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Article
Expert Witness View Rejected Due To Failure To Consider The Range Of Opinions
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.
United Kingdom Litigation
BS
Burges Salmon
Article
How Drink Driving Sentencing Guidelines Work In Practice
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
United Kingdom Criminal
JS
JMW Solicitors LLP
Article
UK Data Protection Consent: State Of Mind Is Irrelevant—does This Change Practice?
The UK Court of Appeal has clarified the test for valid consent under GDPR, ruling that an objective approach should be taken rather than examining an individual's subjective state of mind. This decision has significant implications for how data controllers assess consent from vulnerable individuals, particularly in sectors like online gambling where addiction concerns arise.
United Kingdom Privacy
AO
A&O Shearman
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Article
UK Supreme Court Holds That Foreign States Carrying Out Spyware And Hacking Operations Are Not Entitled To State Immunity From TORT Claims
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
United Kingdom International
W
WilmerHale
Article
English Court Of Appeal Confirms New York Convention Ratification Does Not Waive State Immunity In Enforcement Proceedings
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?
Worldwide International
KL
Herbert Smith Freehills Kramer LLP
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