Dispute Resolution UK Update - April 2021

This edition looks at a number of interesting decisions that have practical implications for you, including judgments on protecting confidential information, the sanctity of settlement discussions, conflicts of interest in arbitrations and the UK Supreme Court's (UKSC) applicant-friendly approach to collective proceedings. We also cover the UKSC's judgment in the business interruption insurance test case brought by the FCA together with another interesting decision of the High Court on a related issue. Finally we welcome Nick Peacock, as partner and head of our London arbitration practice.

We are always ready to help so please do email or pick up the phone if you would like to discuss anything with us. You will also find copies of all our articles together with other disputes related know how on Disputes+, our easy access disputes knowledge portal. Please click here to access Disputes+.

Protecting Trade Secrets and Confidential Information

Beware of receiving confidential information from a business rival Trailfinders Ltd v Travel Counsellors Ltd & others

By Sophie Eyre, Louise Lanzkron, Harry Arnold

Worldwide Malicious Falsehood Claims

England was appropriate forum for worldwide malicious falsehood claim

By Sophie Eyre, Simona Peter

Contract

UPDATE: HMRC VAT change affects payments made to terminate a contract

By Caroline Brown, Victoria Hobbs

Business Interruption Insurance Claims

UK Supreme Court unanimously finds in favour of policyholders in landmark COVID-19 business interruption insurance test case

By Russell Williamson, Megan Curzon

Business Interruption claim struck out as COVID-19 did not fall within the ‘Infectious Disease’ clause in a hotel’s insurance policy

By Russell Williamson, Ayah Elomrani

Click here to visit our business interruption insurance tracker to find out how other jurisdictions are considering these insurance claims.

Collective Actions

Landmark Supreme Court decision takes an applicant-friendly approach to collective proceedings

By Peter Willis, Jonathan Speed, Megan Curzon

A new EU Directive signals the start of collective actions on behalf of the EU consumer

By Bryony Hurst, Chiara Horgan

Are settlement discussions protected?

Motorola v Hytera: Protecting the sanctity of settlement discussions

By Simona Peter, Alex Kelly

Brexit

Meeting the challenges posed by Brexit for cross-border disputes

Businesses contracting with EU counterparties will need to give additional thought to their approach to dispute resolution, both when preparing contracts and when a dispute first arises. In this article we look at the key areas affected and how enforcement issues may be addressed in a selection of EU member states.

By Jeremy Sharman, Rachel Glass, Evelyn Tjon-En-Fa, Djazia Tiourtite, Dr. Philipp Egler, László Nanyista, Alfonso Carrillo Cano

Arbitration

How reliable is witness testimony in international arbitration? ICC Commission publishes report on “The Accuracy of Fact Witness Memory in International Arbitration” and provides guidance on best practice for inhouse counsel and external lawyers

By Sophie Eyre, Yvanna Miller

Is an arbitrator conflicted? Landmark judgment from the UKSC provides guidance as to when an arbitrator should make disclosures to the other side

By Sophie Eyre, Yvanna Miller, Thomas Davies

Nick Peacock joins us in London as a Partner

We welcome Nick Peacock as head of our London arbitration practice

Nick is a highly-regarded international dispute resolution specialist with extensive experience spanning the Tech & Comms, Financial Services and Energy & Utilities sectors. Nick brings with him a wealth of knowledge and experience from 20+ years acting as counsel and advocate on arbitrations in Europe, Africa and across Asia. To find out more about Nick and his practice click the arrows on the right.