United Kingdom: Litigation, Mediation & Arbitration

The English High Court has issued groundbreaking guidance on legal advice privilege, addressing whether internal communications within a corporate client group can be protected when created for the purpose of seeking legal advice.

This decision tree has been prepared as a quick reference to help determine which documents can be withheld on grounds of privilege under English law.

In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents...

The English Commercial Court has confirmed that a party cannot evade anti-suit or anti-enforcement relief by ignoring an injunction and procuring a foreign judgment during the period of restraint

The new Division will replace the Chancery Division and include the Commercial Court and other key business courts.

When can a party terminate a contract for repudiatory breach at common law, and what are the risks of getting it wrong? This guide examines the legal tests for establishing repudiatory breach, the critical choice between accepting or affirming the breach, and the potential consequences of wrongly claiming termination rights.

Mental capacity is the ability to make a specific decision at the time that decision needs to be made. Under the Mental Capacity Act 2005...

The High Court of England and Wales is undergoing one of its most significant structural reforms in recent decades, with the historic Chancery Division being replaced by a newly created Business and Property Division.

Domestic abuse survivors facing family court proceedings often encounter fact-finding hearings where disputed allegations must be formally determined.

Enforcing arbitral awards against sovereign States presents complex strategic and practical challenges, particularly when navigating sovereign immunity arguments, cross-border asset identification, and multi-jurisdictional enforcement proceedings. A recent London International Disputes Week discussion examined these issues through the lens of the landmark Zhongshan v. Nigeria case, where a Chinese investor successfully secured and enforced a USD 70 million investment arbitration award against an African Sta

On 4 March 2026, the Supreme Court of the United Kingdom (the "Supreme Court") held in Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and Republic of Zimbabwe v Border Timbers Ltd that Spain...

Kingdom of Spain (Appellant) v Infrastructure Services Luxembourg S.À.R.L. and another (Respondents); Republic of Zimbabwe (Appellant) v Border Timbers Ltd and another (Respondents) [2026] UKSC 9, 4 March 2026...