News & Analysis as of

Commercial Litigation UK Supreme Court

Morrison & Foerster LLP

Top Commercial Disputes of 2024: What You Need to Know and What to Look Out for in 2025

As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more

Morrison & Foerster LLP

Don’t Force It: UK Supreme Court Confirms Force Majeure Does Not Require a Party to Accept Non-Contractual Performance

The UK Supreme Court in RTI Ltd v MUR Shipping BV has unanimously held that, as a general point of principle, parties to a contract cannot be prevented from relying on a force majeure clause if they refuse to accept...more

Morrison & Foerster LLP

Finders Are Not Always Keepers: UK Supreme Court Confirms State Immunity in in Rem Claims

In Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16, the UK Supreme Court held that South Africa was entitled to state immunity in respect of an in rem (i.e., property based) claim by salvors of a World War...more

Proskauer - Minding Your Business

Can Open Justice Be Too Open? A Review of Proposals to Provide Non-Parties Greater Access to Court Documents in England & Wales

In July 2019, the UK Supreme Court (UKSC) handed down a judgment in a case that concerned the extent and operation of the principle of open justice (Cape v Dring). The question before the UKSC was how much of the written...more

Conyers

What’s “the matter”? The UK Supreme Court’s decision on the scope of arbitration clauses

Conyers on

The UK Supreme Court in a recent decision has clarified the approach to be taken in determining when a matter ought to be referred to arbitration under an arbitration clause, and when such a matter falls outside of an...more

BCLP

Disputes in Focus: Quick Q&A on group claims

BCLP on

There are various ways in the English High Court to bring a claim, including as a group or representative action. Historically they have been underused but that is changing. Businesses are becoming increasingly interested in...more

Conyers

Liquidators Beware: an Alternative to Quincecare

Conyers on

The Quincecare duty has become a popular tool for companies (or their liquidators) to claim against banks for funds misappropriated on wrongful payment instructions. It requires a bank to refrain from executing a payment...more

Morrison & Foerster LLP

UK Litigation - A Year in Summary

Morrison & Foerster LLP on

This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more

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