Expert Analysis

• 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.

• How AI Assistance Could Affect SFO Disclosure Practices

  

  After the government accepted key recommendations on using artificial intelligence in criminal disclosure, Joseph Green at Corker Binning examines whether this technology will affect the reliability of Serious Fraud Office assertions made to the defense regarding disclosable material, and what practical adjustments will be required of criminal lawyers.

• Tesla Win Establishes UK Courts May Set Patent Pool Rates

  

  The recent U.K. Supreme Court decision in Tesla v. InterDigital & Avanci determined that English and Welsh courts can resolve license rate-setting disputes for standard essential patents, with a U.K. FRAND determination serving as leverage in negotiating high-value licenses for standardized technologies, say lawyers at Quinn Emanuel.

• How Public Filing Pilot Is Influencing Litigation Strategy

  

  The ongoing pilot program that makes it easier for third parties like journalists or academics to obtain court documents used in certain public hearings is reshaping how litigation teams draft skeleton arguments, settle expert evidence, and identify and restrict sensitive material, say lawyers at Greenberg Traurig.

• High Court Ruling Clarifies Limits Of Force Majeure Relief

  

  The High Court's recent decision in ADM Industries v. Inerco Trade determined that an 11-day suspension of ship inspections could qualify as an unforeseeable force majeure event, signaling that a disruption must fall within the bargain a contract struck, and that late notice can put relief at risk, say Kian Mellett and Mark Handley at Duane Morris.

• Vince Data Ruling Offers Route Around Defamation Limits

  

  The recent Court of Appeal ruling in Vince v. Associated Newspapers, concerning misleading headlines, shows how data protection claims may offer redress when defamation law does not, and may pave the way for a shift in focus for claims against publishers, say lawyers at Hamlins.

• Gov't Projects Report Signals Areas Of Dispute Risk

  

  The National Infrastructure and Service Transformation Authority's recent report assessing major government projects provides an indicator of future contractual and regulatory risks for companies, and of how the increased emphasis on project oversight and early intervention may influence the disputes landscape, says Theresa Mohammed at Watson Farley.