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Dispute Resolution

When disputes arise, they can often have far-reaching implications for the rest of a business.

Contentious issues need to be dealt with swiftly and appropriately to prevent them escalating, keeping disruption and financial impact to a minimum. Mitigating risk is just as important as robustly fighting a claim in court. There are numerous alternatives to litigation, so pursuing the right strategy is important to ensure disputes are resolved in the most effective way.

Lewis Silkin Dispute Resolution

We treat problems as if they are our own, working closely and collaboratively with our clients to provide practical solutions that fit with their commercial objectives. While we have a substantial group of litigators, we are also experts in alternative dispute resolution, mediation and arbitration. In addition, we also provide risk mitigation and investigation services to help clients identify where issues might arise, and where they have in the past, to work out the causes and implement solutions.

Whether it’s handling high-profile, complex cases in the High Court and beyond, or working behind the scenes with a minimum of fuss, clients rely on our first-class insight to help them stay one step ahead.

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Major overhaul to disclosure coming: are you ready?

22 November 2018

Documents win and lose cases. On 1 January 2019, fundamental changes to the disclosure process are due to come into force as part of a pilot scheme in the Business & Property Courts across England and Wales.

SFO v ENRC landmark privilege case: no appeal but the story continues…

10 October 2018

The Serious Fraud Office (SFO) has confirmed that it will not appeal the Court of Appeal’s landmark ruling that documents created during an internal investigation by Eurasion Natural Resources Corporation (ENRC) were protected by litigation privilege and do not have to be disclosed to the SFO. However, the story does not end there because in a new twist, ENRC has applied for a judicial review of the SFO’s investigation into criminal allegations of corruption and financial wrongdoing by ENRC.

SFO V ENRC: Landmark privilege decision by Court of Appeal

10 September 2018

The Court of Appeal has handed down its much anticipated decision in the Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) appeal. In a judgment that will leave many lawyers breathing a heavy sigh of relief, the Court of Appeal overturned large parts of Mrs Justice Andrews’ first instance decision.

Commercial Court confirms that Recast Brussels Regulation does not permit intra-EU anti-suit injunctions

21 August 2018

The decision in Nori Holdings has reaffirmed that West Tankers remains an authoritative statement of EU law, providing welcome clarity following the introduction of the Recast Brussels Regulation and Advocate General Wathelet’s comments in Gazprom. However, whether or not the UK courts will regain the ability to grant anti-suit injunctions restraining proceedings in EU courts after the UK leaves the EU remains to be seen.

Clive Greenwood and Frances Simm write for Accountancy Age: Compulsory retirement: avoiding the partner pitfalls

20 August 2018

In an article for Accountancy Age, Clive Greenwood and Frances Simm discuss the rules and processes involved when compelling an individual to retire from a business they co-own.

Tom Merrick comments for LexisNexis: Requirement for non-reliance clause to be reasonable upheld (First Tower Trustees Ltd and anor v CDS (Superstores International) Ltd)

26 July 2018

Discussing the Court of Appeal decision in First Tower Trustees, Tom Merrick advises that sellers and landlords need to take extreme care in ensuring that replies to pre-contract enquiries are accurate and up to date and be alive to the potential risks in enforcing non-reliance clauses.

Legal Professional Privilege

06 July 2018

This guide is intended to provide a brief overview of legal professional privilege. It also identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.

Court of Appeal upholds enforcement of Chinese arbitration award in England & Wales despite allegation of attempted fraud

05 July 2018

One of the attractive features of arbitration is the ease of enforcement of arbitral awards in other jurisdictions. The New York Convention (the “Convention”) provides a regime by which an award made in one Convention state should be enforceable against any assets in any of the other Convention states around the world. A recent Court of Appeal decision shows that the English court will only exercise its power to refuse to recognise or enforce an arbitral award on public policy grounds in limited circumstances.

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