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.
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.
English courts and overseas defendants: jurisdiction challenges and the “three limb” test06 February 2019
When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined. The forum in which the dispute is determined can make a great deal of difference. It is therefore important for potential litigants to know where they can commence proceedings and whether they can resist claims brought against them in the “wrong” jurisdiction. In a recent case the English Court of Appeal considered the test that will apply when deciding whether to permit a claimant to sue a “foreign” defendant in this jurisdiction.
The use of mediation in sports disputes25 January 2019
With sports disputes being on the increase, it is becoming more important for parties to consider using alternative means to resolve disputes instead of the more traditional route of proceeding to arbitration or court proceedings. Mediation is commonly used to resolve commercial disputes but with sports disputes, it is not used as often despite its many benefits.
Dispute Resolution Update - January 201916 January 2019
Welcome to our January 2019 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
Court of Appeal finds no litigation privilege in internal emails discussing commercial settlement of dispute09 January 2019
The Court of Appeal has allowed an appeal by West Ham football club in its application to inspect certain emails sent internally amongst board members of E20 Stadium LLP (“E20”) and between E20’s board members and stakeholders, in respect of which E20 asserted litigation privilege. The emails were created with the dominant purpose of discussing the commercial settlement of E20’s dispute with West Ham over the club’s rights to use the London Olympic Stadium when litigation was in contemplation. The Court held that litigation privilege does not extend to documents concerned with the settlement or avoidance of litigation where the documents neither: (a) seek advice or information for the purpose of conducting litigation; nor (b) reveal the nature of such advice or information.
Litigation privilege and the ‘dominant purpose’ test: ENRC decision applied07 January 2019
Did last year’s landmark Court of Appeal decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) alter the application of the ‘dominant purpose’ test for litigation privilege where a document is brought into existence for multiple purposes, one of which is for use in litigation? The answer is ‘no’, according to a recent decision by the High Court. The Court confirmed the well-established principle that, for a claim to litigation privilege to succeed where a document is created for more than one purpose, litigation must be shown to be the dominant purpose on the facts.
Encouraging ADR: Civil Justice Council publishes final report19 December 2018
Back in 2016, the Civil Justice Council (“CJC”) set up an alternative dispute resolution (“ADR”) working group to review the ways in which ADR currently is encouraged and positioned within the civil justice system in England and Wales. The terms of reference included the review of existing forms of encouragement for mediation (and other forms of ADR) in civil cases in the Civil Procedure Rules, case law and the powers of the court, to consider alternative forms of encouragement and assess proposals for reform. The Working Group has now published its final report.
Disclosure Pilot Scheme already making an impact as High Court orders list of “issues for disclosure”12 December 2018
The mandatory Disclosure Pilot Scheme may not start in the Business and Property Courts of England and Wales (“BPCs”) until 1 January 2019, but it seems the courts are already taking the new rules into account. In one reported case, the High Court has ordered a separate “list of issues for disclosure”, which will have to be jointly completed by the parties as part of the new Disclosure Review Document required under the Pilot Scheme.