An order giving permission to appeal may be made subject to condition. In the recent case of Palladian Partners LP and others v The Republic of Argentina and another [2024] EWCA Civ 139, the Court of Appeal made an order granting Argentina permission to appeal the first instance judgment conditional on Argentina paying €310m to be held…

In the leading case of Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court provided important clarification on how apparent bias will be assessed by the courts. The test for assessing arbitrator bias is objective and involves asking whether a fair-minded and informed observer would find that there was a real possibility of…

The courts may, pursuant to section 51 of the Senior Courts Act 1981, make a costs order against non-parties to proceedings (NPCO). Whether an order should be made is clearly a matter in the discretion of the court and will turn on the particular facts of the case. Furthermore, where a power exists to grant…

In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court. The fourth defendant local authority applied for an…

In a landmark decision, the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 has held that the courts can order the parties to engage in alternative dispute resolution (ADR), or stay the proceedings to enable them to engage in ADR, provided that the order or stay does not undermine the…

The UK Supreme Court’s guidance on applying for a stay under section 9 of the Arbitration Act 1996 In the recent case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2023] UKSC 32, the UK Supreme Court provided important guidance concerning the interpretation and application of section 9 of the Arbitration Act…

Ministry of Justice has published court holidays. Details of courts and tribunals opening times over the Christmas and New Year bank holidays can found here: The closure dates for this year are Some magistrates’ courts will be open on 26 and 27 December 2022 and 2 January 2023, but for remand hearings only. Closures on…

In Jones v Tracey [2023] EWHC 2256 (Ch), Master Marsh held that correspondence between lawyers concerning the possibility of alternative dispute resolution (ADR) is to be regarded as ‘open’, regardless of whether that correspondence is marked ‘without prejudice’. He also refused to penalise the successful claimant for failing to engage with mediation.  Following the determination of the…

Prior to the recent decision of FXF v (1) English Karate Federation Ltd, (2) Ishinryu Karate Association [2023] EWCA Civ 891, there was procedural uncertainty on the issue of whether the three-stage test of Denton v TH White Ltd [2014] EWCA Civ 906 on relief from sanctions applied to applications to set aside default judgement…

It is trite law that the court’s permission is required before an expert’s report can be relied upon, replaced or before an expert can be called to give oral evidence (CPR r.35.4). In Avantage (Cheshire) Limited & Others v GB Building Solutions Limited (in administration) & Others [2023] EWHC 802 (TCC), Mrs Justice O’Farrell (pictured…