United Kingdom: Litigation, Mediation & Arbitration

The English High Court has issued groundbreaking guidance on legal advice privilege, addressing whether internal communications within a corporate client group can be protected when created for the purpose of seeking legal advice.

This decision tree has been prepared as a quick reference to help determine which documents can be withheld on grounds of privilege under English law.

In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents...

This issue examines three significant construction law cases from March 2026, exploring the boundaries of expert determination challenges, professional conflicts of interest in project financing, and the complexities of contract termination during extraordinary circumstances. The cases provide critical insights into when courts will intervene in expert decisions, how surveyors must navigate dual advisory roles, and the application of waiver and prevention principles in pandemic-related contract disputes.

In Acer Incorporated & Anor v Nokia Technologies Oy [2026] EWCA Civ 564, the Court of Appeal (Arnold LJ giving the leading judgment) ordered a permanent stay of "Fair, Reasonable and Non-Discriminatory" (FRAND) proceedings on case management grounds...

Recent High Court judgments address critical issues in construction contract interpretation, including the treatment of derogation schedules, adjudicators' powers to revise completion dates, and the survival of Pre-Construction Services Agreement...

We reported on this case in Dispatch, Issue 302. RNH sought the summary enforcement of a “smash and grab” adjudicator’s decision in its favour for £665k. Mr and Mrs James said that the contract in question was a construction contract with a residential occupier, so the adjudicator lacked jurisdiction to determine the dispute.

In R (University of Sussex) v Office for Students [2026] EWHC 984 (Admin), the High Court quashed the decision of the Office for Students (the OfS) to find the University of Sussex (the UoS)...

The English High Court has issued important guidance on asymmetric jurisdiction clauses and the risks of parallel proceedings across multiple jurisdictions.

Enforcing arbitral awards against sovereign States presents complex strategic and practical challenges, particularly when navigating sovereign immunity arguments, cross-border asset identification, and multi-jurisdictional enforcement proceedings. A recent London International Disputes Week discussion examined these issues through the lens of the landmark Zhongshan v. Nigeria case, where a Chinese investor successfully secured and enforced a USD 70 million investment arbitration award against an African Sta

On 4 March 2026, the Supreme Court of the United Kingdom (the "Supreme Court") held in Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and Republic of Zimbabwe v Border Timbers Ltd that Spain...

Kingdom of Spain (Appellant) v Infrastructure Services Luxembourg S.À.R.L. and another (Respondents); Republic of Zimbabwe (Appellant) v Border Timbers Ltd and another (Respondents) [2026] UKSC 9, 4 March 2026...