Appealing to the Supreme Court? Lord Neuberger Sets Out His Views on the...
By Jonathan Hew The Supreme Court is the highest court in the UK and the final resting place for civil and criminal appeals. Lord Neuberger, the President of the UK Supreme Court, has set out his views...
View ArticleSupreme Court Clarifies that Loans are to be Considered Part of the...
By Simon Bushell and Robert Price Case: JSC BTA Bank v Ablyazov [2015] UKSC 64 Introduction A freezing order is an interim injunction that prevents a party to litigation from dealing with their assets...
View ArticleHigh Court Flexes its Muscles in Support of LCIA Arbitration
By Daniel Harrison The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a...
View ArticleSupreme Court Clarifies Test for Implied Terms
By Jonathan Hew The Supreme Court has clarified that, for a term to be implied into an agreement, it must be either necessary for business efficacy or so obvious that it goes without saying. This is a...
View ArticleSupreme Court Upholds Finality of Arbitral Awards
By Daniel Harrison A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional...
View ArticleUK Supreme Court Adopts New “Range of Factors” Approach to Defence of Illegality
By Dan Smith and Anna Hyde The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim,...
View ArticleCourt Judgment Demands More from the UK Government to Tackle Air Pollution
By Michael Green and Paul Davies The UK will need to revisit its strategy to improve air quality following a recent court judgment determining that the Government’s existing plans are insufficient....
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Case of Insecurity? Supreme Court Explains the Limits to Orders for Security...
By Philip Clifford and Robert Price On 1 March 2017 the Supreme Court[1] overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required...
View ArticleRecent case law update: Treatment of Trust Assets — Akers (and others) v....
By JP Sweny, Matthew Brown and Rachel Croft The English Supreme Court has delivered a ruling that provides helpful guidance on the enforceability of trusts in respect of assets located in foreign...
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When Can an Order Requiring Payment Stifle an Appeal?
By Daniel Harrison Recent UK Supreme Court decision could have far-reaching consequences for appeals In a split decision, the Supreme Court recently considered whether an order requiring an appellant...
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