Dispute Resolution Update - April 2019

Articles in this edition

English courts and overseas defendants: jurisdiction challenges and the “three limb” test - 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. Andrew Wanambwa writes for the Commercial Litigation Journal, March/April 2019 edition - Read more.

Supreme Court decision on professional negligence and loss of chance: Perry v Raleys Solicitors - The Supreme Court has upheld the appeal of a firm of solicitors defending a professional negligence claim and helpfully reiterated well-established principles about the approach the court must take when considering the issue of causation in loss of chance cases - Read more.

Your word is your bond: Supreme Court support for oral agreements - In its ruling in the case of Wells v Devani last month, the Supreme Court provided a useful reminder that, at common law, contracts can be formed not just in writing but also verbally and by conduct. The reaction to this decision has been largely positive - Read more.

Section 2 notices raise risk level for accountants - Professional services firms, requests for documents and section 2 notices under the Criminal Justice Act 1987 could pose a risk for accountants and auditors as illustrated in the recent Omers case at the High Court, explains Andrew Wanambwa, in an article for Accountancy Daily - Read more.

The use of mediation in sports disputes - 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 - Read more.

Client guides

A guide to the litigation process - Read more.

A guide to the litigation process (including guidance on the disclosure pilot scheme in the Business and Property Courts) - This guide also provides details as to the disclosure pilot scheme which applies to all proceedings from 1 January 2019 for cases being heard in the Business and Property Courts. These new rules have been introduced as a result of concerns over spiralling costs, complexity and scale of the disclosure following a review by the Disclosure Working Group. The guide includes details as to how this new procedure will work - Read more.