All posts by Practical Law Dispute Resolution

REUTERS | Alexandros Avramidis

The Chancellor of the High Court, Sir Julian Flaux, delivered the 2022 Combar lecture on 16 November 2022, in which he stated that the “commercial landscape is changing, and the law will need to develop with it”.

Climate litigation has been tracked globally by the London School of Economics and Political Science (LSE), who reported that cases have more than doubled since 2015 with a quarter being filed between 2020 and 2022, against both government and corporate entities. The LSE also reported that many of the recent cases share a common theme in highlighting the most important issues as discussed by the international community at COP26, including to increase awareness and motivation to achieve net-zero emissions.

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REUTERS | Shailesh Andrade

In a post-Brexit first, the Commercial Court has granted an anti-suit injunction (ASI) in relation to proceedings issued in an EU member state. Ebury Partners Belgium SA/NV v (1) Technical Touch BV; and (2) Jan Berthels also provides a useful refresher on the key principles relating to the incorporation of standalone terms into a contract.

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REUTERS | Luisa Gonzalez

This blog wraps up the key privilege updates for 2022 following on from the earlier post Legal professional privilege: 2022 so far. If you have not read that, it’s a good place to start. Two of the cases discussed in the earlier post have been to the Court of Appeal (spoiler alert: appeals dismissed).

Whilst this term has not seen the blockbuster decisions of recent years, the English courts have continued to grapple with thorny privilege issues, including on the issues of accidental disclosure, formalities for a claim of privilege, whether privilege can be backdated to documents following legal advice, and waiver.

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