A new wave of climate change litigation? Considering the wider implications of Smith v Fonterra
The New Zealand Supreme Court allows a claim to be heard on a novel tort imposing a duty on companies not to cause harm to the environment.
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UK High Court refuses to exercise jurisdiction over claim by migrant workers in Malaysia against Dyson in the UK
The UK High Court refused to exercise jurisdiction over claims of forced labour brought against Dyson by migrant workers in Malaysia.
Testing the Limits of The DIFC Courts’ Jurisdiction
The DIFC Court of Appeal confirms the scope of its jurisdiction for providing interim relief in support of foreign proceedings.
Third party disclosure orders against foreign respondents in an era of globalisation
In this article we discuss the UK Court of Appeal judgment in Gorbachev v Guriev [2022] EWCA Civ 1270, which confirms that the English courts have jurisdiction to order third party disclosure against respondents located abroad where the documents in question are located within their jurisdiction.
In Support of Maritime Arbitrations (Part 2): The courts’ powers to preserve evidence, property and assets and order attendance of witnesses
In the second article of this series, Partner Mike Phillips and Associate Sylvie Allen discuss the courts’ powers under the Arbitration Act 1996 to preserve evidence, property and assets and order the attendance of witnesses in LMAA arbitrations.
In support of maritime arbitrations (Part 1): anti-suit injunctions
This article, the first in a series exploring the English courts’ powers in support of LMAA arbitrations, assesses the power to grant anti-suit injunctions where proceedings have been initiated outside of London in breach of an arbitration agreement.
A little patience – Enforcement of foreign judgments in England and Wales under the Lugano Convention
This article considers the decision in Islandsbanki Hf & Ors v Stanford, and the steps which must be taken to enforce a foreign judgment in England under the Lugano Convention.