Expert Analysis

• Decoding Arbitral Disputes: Award Ownership Has Limits

  

  In Operafund v. Spain, the Court of Appeal of England and Wales recently barred a purchaser from replacing the original creditors in enforcement proceedings for an international arbitration award against Spain, underscoring the distinction between acquiring an award’s economic value and the legal entitlement to enforce it, says Josep Galvez at 4-5 Gray’s Inn Square.

• What Project Managers Can Learn From Negligence Award

  

  The High Court’s recent enforcement of an £8.7 million adjudication award against Avison Young demonstrates for project managers that certification, progress assessment and defect management are exercises requiring independent scrutiny and documented decision-making, say lawyers at Eversheds Sutherland.

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  Practice Leader Insights From Morgan Lewis' Paul Mesquitta

  

  Paul Mesquitta, head of the London litigation practice group at Morgan Lewis, discusses the importance of leading by example, how the Russia-Ukraine war has created unprecedented complexity in insurance litigation, and why it is important to engage with clients on a personal level.

• How UK PLC Boards Can Stave Off Disclosure Claims Risks

  

  To minimize the risk of exposure to shareholder claims amid a continuing rise in securities litigation, companies must evaluate exposure, protect privilege and keep an eye on pending litigation, such as the recent investor claims filed against British American Tobacco and Entain, say lawyers at Simpson Thacher.

• Florist TM Ruling Is A Road Map For Proving Unfair Advantage

  

  The Intellectual Property Enterprise Court’s recent decision that a luxury florist infringed a rival's trademark shows what is required to successfully demonstrate unfair advantage, as well as the importance of documenting efforts to protect, develop and enforce a trademark's reputation, says Ella Newell at Marks & Clerk.

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  Practice Leader Insights From Jones Day's Sion Richards

  

  Sion Richards, Jones Day's global disputes practice leader, discusses fostering a genuinely integrated cross-border practice, how artificial intelligence is reshaping legal work, and why junior lawyers must pair technological fluency with irreplaceable human judgment.

• Decoding Arbitral Disputes: Contract Benefits Carry Burdens

  

  The U.K. Supreme Court this week allowed a marine insurer's appeal in a long-running dispute stemming from a 2002 oil spill, restoring the fundamental symmetry that once a contractual benefit is claimed, the arbitration burden comes with it, says Josep Galvez at 4-5 Gray's Inn.

• How Employment Ruling Limits Buyer's Inherited Tort Liability

  

  The Court of Appeal’s ruling that a psychiatric hospital did not inherit vicarious liability for alleged staff abuse of a patient under previous owners will have immediate practical consequences as third parties seek to use protections meant for employees at workplaces changing hands to pursue buyers as substitute defendants, say lawyers at CMS.

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  Practice Leader Insights From Stewarts' Lucy Ward

  

  Lucy Ward, Stewarts' co-head of commercial litigation, discusses the challenges of representing controversial clients, the promise she sees in artificial intelligence and why legal practice will remain a people's game.

• Carter-Ruck Ruling Sets High Bar For Overriding Privilege

  

  The High Court’s recent ruling in Carter-Ruck v. Solicitors Regulation Authority reinforces that regulatory necessity cannot justify nullifying clients’ legal professional privilege without clear statutory authority, offering a broader lesson for firms confronting regulatory demands that encroach on fundamental rights, says Claire Cross at Corker Binning.

• Preaction Disclosure Ruling Underscores High Litigant Bar

  

  The Commercial Court's recent decision in Benski and Clifford v. Pulse Films illustrates the high bar of preaction disclosure, reminding litigants seeking access to documents to clearly and narrowly define their claims, say lawyers at Fieldfisher.

• Appeals Court Offers Framework For Loan Interest Disputes

  

  The Court of Appeal's recent decision in Houssein v. London Credit Ltd. offers guidance for borrowers and lenders on determining what is required to stop contractual interest from accruing on a secured loan and whether a default interest provision amounts to an unenforceable penalty, say lawyers at Reed Smith.

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  Practice Leader Insights From MoFo's Ben Summerfield

  

  Ben Summerfield, head of litigation for MoFo's​​​​​​​ London office, discusses the importance of leading with sincerity and honesty, the challenge of navigating both legal and emotional issues in the most difficult of cases, and why junior lawyers should stay focused on building and maintaining strong client relationships.

• German Ruling Clarifies Limits Of 'Pastiche' Music Sampling

  

  A recent decision from the German Federal Court of Justice, finding a sampled rhythm sequence to be lawful, provides the first national application of the European Court of Justice's new pastiche doctrine, but also confirms that the defense applies only to creations that satisfy specific criteria, say lawyers at Greenberg Traurig.

• Leasehold Reforms Could Ease Property Deal Hurdles

  

  A recent Law Commission consultation has put a spotlight on how current leasehold law complicates commercial property transactions, and while the proposed reforms will likely be small, they would provide landlords and tenants with a greater degree of certainty, say lawyers at Wilsons Solicitors.