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High Court Confirms Nuanced Approach to Waiver of Privilege

A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more

Fraud Unravels All – Even Post-Judgment

English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Introduction - In Takhar v Gracefield Developments Limited and others...more

UK Supreme Court: NOM Clauses Invalidate Oral Variations of Contracts

Judgment confirms the effectiveness of contractual provisions that prevent the parties from varying their contract orally. The Supreme Court of the United Kingdom recently held that an oral variation of a contract was...more

High Court Willing to Set Aside Arbitral Awards on Public Policy Grounds

On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more

Arbitral Awards Based on Penalty Clauses: Enforceable?

A recent English High Court decision suggests that some such awards may be enforceable notwithstanding the rule against penalties. In Pencil Hill Limited v US Citta di Palermo S.p.A., the English High Court enforced an...more

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