April 16, 2019

Commercial Dispute Resolution Newsletter - April 2019


As reported in our last newsletter, England and Wales remains the preferred forum for many parties for the resolution of large commercial disputes. The English courts continue to be busy and Clyde & Co has once again been ranked as the number one disputes firm in the jurisdiction according to The Lawyer's litigation tracker. Disclosure is one of the key features of litigation in England and Wales and there have been several recent cases about this issue and the use of documents disclosed in proceedings. In fact, the majority of the notable cases in the last six months, including recent Court of Appeal authority, relate to which documents are disclosable, the application of a claim to privilege, preventing the use of disclosed documents for a collateral purpose and when non-parties can gain access to documents produced in the course of proceedings. There have also been interesting decisions in relation to the use of experts and how properly to serve a claim form.