Adjudication Update – Recent Case Law

This comprehensive guide examines the procedural framework of LCIA arbitration from commencement through enforcement, analyzing strategic decisions at each stage including tribunal formation, document production, interim relief mechanisms, and cost allocation.

Yesterday, after having agreed a plea deal with US authorities, Julian Assange left a US court in Saipan, in the Mariana Islands, a free man.

Irwin Mitchell provides comprehensive legal news, expert commentary, and industry insights across key sectors. The firm's latest Leading Litigator Report reveals that 69% of General Counsels now view litigation as either an operational necessity or strategic investment for protecting intellectual property and market position. Stay informed through their newsletters, podcasts, and regular seminars covering legal developments that impact businesses and individuals.

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.

In the recent case of Sim v Howat & McLaren [2011] CSOH 115, the Commercial Court of the Court of Session has undertaken a detailed examination of Partnership Law in Scotland, before ruling that a new partnership constituted by an incoming partner is liable for the prior business debts of the business.

The decision makes it very clear that the consequences for lawyers who breach their professional obligations by misusing AI are likely to be serious.

This is the first full trial judgment in a case that has considered whether related companies can be made liable for damage that occurs overseas...

Eversheds Sutherland provides comprehensive legal services through a global network of separate and distinct legal entities. The firm's website offers access to legal professionals, insights on international arbitration, workplace technology deployment, and sovereign immunity cases, while maintaining clear disclaimers about the general information nature of its materials.

During a criminal investigation, there will often be a vast amount of information obtained and considered by the police. When charges are brought, the Crown Prosecution Service (CPS) may disclose some of this information as evidence, serving it as witness statements and exhibits.

In this webinar, Emma Hynes and Michael Levenstein discuss the developments in the law relating to construction professionals' negligence, and the pros and cons of using adjudication as a means of resolving disputes.

The Ministry of Justice has released its long-anticipated consultation paper on family law and cohabitation reform.

Dispute Resolution analysis: The Court of Appeal has drawn a distinction between late applications to adduce factual evidence and late applications to rely upon expert evidence.

Dispute Resolution analysis: The Court of Appeal has upheld a ruling that a payment made by a company director to a High Court Enforcement Agent (HCEA)...

The Court held former BHS directors jointly and severally liable for £110 million in equitable compensation due to breaches of duty, causing continued trading and increased company deficiency. This clarifies Sequana-related compensation.

Dispute Resolution analysis: The Court of Appeal has rejected 40 years of "received wisdom" among company law practitioners and has held that a limitation period of either twelve or six years...

The High Court decision in Cork v Smith exposes how AI hallucinations in legal practice can trigger professional negligence claims when solicitors fail to verify AI-generated research.

A Court of Appeal case examines whether financial services regulations or property law principles take precedence when a sale and rent back agreement violates the Financial Services and Markets Act 2000. The dispute centered on whether innocent parties could recover property transferred to third parties after the original transaction breached regulatory requirements.

A recent Upper Tribunal decision clarifies whether income from guest suite bookings in retirement developments should be credited to service charges when management transfers to a right to manage company. The case examines lease construction principles and the treatment of facility usage fees in residential blocks.

In this podcast, Charles Bagot KC of Gatehouse Chambers and Janine Clark, Partner at Clyde & Co in Brisbane, explore the use of Alternative Dispute Resolution (ADR) in personal injury claims.