Practical Law

The past few years have seen a significant increase in cases where claimants commence an action and obtain an injunction against “Persons Unknown”, who are defined by reference to their actions or role in respect of the alleged conduct. Such orders can be extremely useful to claimants, allowing them to enlist the assistance of the … Continue reading Injunctions against “Persons Unknown”: uncertain territory →

“It is no longer enough for judges to think that their role begins and ends with hearing the evidence, the legal argument and delivering judgment. We are not just there to referee a fight, we are there to break it up.” – Sir Geoffrey Vos, Master of the Rolls. That recent pronouncement by the Head … Continue reading Compulsory ADR: a commercial litigation perspective →

At the risk of adding to crystal-ball gazing about the post-pandemic legal landscape, it is hard to resist speculating that mediation may ultimately join the list of things that have been available for many years but took the nudge of the pandemic to be embraced widely and come into their own. A perfect storm of … Continue reading (Non) alternative dispute resolution in UK civil courts: has its day finally come? →

The Singapore Convention (Convention) has received widespread attention since it was signed on 7 August 2019. Not only did its tally of 46 first-day signatories break the record for any United Nations trade convention, it also included the world’s two largest economies, China and the US.

From 6 April 2019, a number of changes to the Civil Procedure Rules will come into effect with the intention of reinforcing the principle of open justice and clarifying how it operates within the civil justice system. While some of those changes simply bring the rules into line with principles established in case law, there … Continue reading Open justice: rule changes to increase transparency in the civil courts →

We are soon to have a new international regime for the enforcement of mediated settlement agreements, which it is hoped will achieve for mediation what the New York Convention has for international arbitration. The UN Convention on International Settlement Agreements Resulting from Mediation was finally approved in June 2018 by UNCITRAL (the United Nations Commission … Continue reading The new Singapore Convention: will it be the New York Convention for mediation? →

In 2016, the Civil Justice Council (CJC) established an Alternative Dispute Resolution (ADR) Working Group, whose broad mandate is “to maintain the search for the right relationship between civil justice and ADR” and to promote debate over possible changes.

Certainty and predictability are key considerations for any party entering into a commercial contract, and a key factor in this regard is knowing what law will be applied by a court called on to enforce the contract. Certainty as to the applicable law not only enables parties to anticipate how the contractual terms may be … Continue reading Choice of law clauses: when you don’t get (just) the law you bargained for →

The US statutory procedure known as “section 1782” can allow a litigant in non-US proceedings to obtain what is tantamount to full US-style discovery from a US based entity, for use in the foreign proceedings. This can be particularly valuable to litigants in jurisdictions that have limited procedures for disclosure of evidence, such as many … Continue reading Obtaining the evidence from the United States: section 1782 orders →

Amid the currently crowded landscape of reform processes and proposals affecting the civil justice system in England and Wales, one set of reforms, that has perhaps stayed further below the radar than might have been expected, are the proposals aimed at addressing the serious delays being experienced in the Court of Appeal’s Civil Division.

A crucial part of any agreement recording the settlement of a dispute is the description of the releases being given by one or both parties as part of the settlement. A key issue for the parties to consider is whether the releases should extend to future claims and, in particular, claims that are unknown at … Continue reading Drafting settlement agreements: do you know what claims you’re releasing? →

A recent High Court decision has provided reassurance to both lawyers and clients as to the scope of legal advice privilege, after an earlier decision (by a different judge) in the same case had arguably suggested a narrower scope for LAP than had been generally accepted.