News & Analysis as of

Appeals Jurisdiction United Kingdom

Marshall Dennehey

New York Court Reaffirms Internal Affairs Doctrine, Denies Standing in Derivative Suit Against English Corporation

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Ezrasons, Inc. v. Rudd, No. 2, --- N.E.3d ---, 2025 WL 1436000 (May 20, 2025) - “Few principles are more firmly entrenched in corporate law than the internal affairs doctrine, a choice-of-law rule providing that, with rare...more

Walkers

Recreational Land Rights Upheld by the Privy Council

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Walkers have represented the owners of almost 200 residential properties in a successful appeal to the Judicial Committee of the Privy Council concerning the enforceability of recreational golf and beach access rights. ...more

Mayer Brown

Legal Developments in Construction Law: May 2025

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1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration.  But was that assignee the correct...more

Cooley LLP

Two Judgments on Forum Challenges

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Two notable English court judgments on jurisdiction have been handed down in the last few months – the first being the Court of Appeal’s decision in Limbu & Others v. Dyson Technology Ltd & Others [1], and the second the High...more

Littler

Understanding Employment Terminations: A Comparative Analysis of the UK and Poland

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Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution....more

Mayer Brown

Can a Foreign Judgment Debt Directly Give Rise to Insolvency Proceedings in England?

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The Court of Appeal has held that seeking satisfaction of a foreign judgment debt using a statutory demand and the spectre of bankruptcy proceedings first requires the judgment to be recognised in this jurisdiction....more

Jones Day

UK Court of Appeal Provides Guidance on Interim Licenses in Latest FRAND Dispute

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The United Kingdom's Court of Appeal has issued an important decision on the principles governing the grant of interim licenses in standard essential patent ("SEP") disputes....more

Cooley LLP

Money Laundering: The UK Supreme Court’s Decision in El-Khouri Changes Scope of Extraterritoriality Under POCA

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In the recent judgment in El-Khouri v. Government of the United States of America, a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on...more

A&O Shearman

English courts take jurisdiction over Malaysian forced labour allegations - Limbu v Dyson

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The English Court of Appeal has ruled that the English courts have jurisdiction to hear a claim brought by a group of migrant workers against three companies in the Dyson group alleging trafficking and abuses of their labour...more

A&O Shearman

The Prestige saga - clarifications on enforcement and State immunity from injunctions

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In the latest decision in the Prestige saga, the English Court of Appeal has made two notable findings: it has refused to enforce a Spanish judgment on the basis that it would be contrary to public policy because it conflicts...more

Mayer Brown

English Court of Appeal Sets the Way Forward in Significant Environmental Damages Group Litigation

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In Alame and others v Shell Plc and another, the Court of Appeal of England and Wales has overturned a High Court judgment concerning the approach to causation in a significant environmental damages group action, finding that...more

Walkers

New Rules for Privy Council Appeals

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The New Rules and accompanying Practice Directions of the JCPC are now in force. All JCPC appeals filed on or after 2 December 2024 will be subject to the New Rules....more

Morrison & Foerster LLP

Singapore and English Courts Examine Availability of Anti-suit Injunctions in Claims Against Non-parties to Arbitration Agreements

Singapore and England & Wales have longstanding reputations as arbitration-friendly jurisdictions. Where parties have entered into an arbitration agreement but one party nonetheless commences court litigation over a claim...more

Proskauer - Minding Your Business

French Supreme Court on Track to Annul a US$15 Billion Award against Malaysia

On November 6, 2024, the French Supreme Court rejected the enforcement of an interim award on jurisdiction in the legal saga opposing Malaysia to the heirs of the Sultan of Sulu and spanning several jurisdictions. The Supreme...more

Walkers

Case insight: Recoverability of English lawyers' costs in hostile Guernsey proceedings

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BX v T Limited and AX and JX and CX and OX and PX and QX [2024]GRC066 (27 September 2024) - In a recent supplementary judgment on costs, Lieutenant Bailiff of the Royal Court of Guernsey, Hazel Marshall KC (the "Judge"),...more

A&O Shearman

Crowd control caution: how a crowded market may affect your trade mark protection

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The Court of Appeal has confirmed that the existence of a “crowded market” and any coexistence terms entered into by parties may be relevant factors in assessing likelihood of confusion. While the Lifestyle Equities v Royal...more

Patterson Belknap Webb & Tyler LLP

Courts Split Over Requirement for Chapter 15 Jurisdiction in the U.S.

To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States. 11 U.S.C. § 109(a). In cross border chapter 15 cases, courts have considered whether...more

Latham & Watkins LLP

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

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A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more

Conyers

Directors’ Duties on the Precipice of Insolvency: Brief Overview of BTI 2014 LLC v Sequana SA

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The United Kingdom Supreme Court (the “UKSC”) recently delivered its eagerly anticipated judgment in BTI 2014 LLC v Sequana SA and others [2022 UKSC 25] (“Sequana”). The reasoning in Sequana will be highly persuasive in the...more

Cooley LLP

Obtaining Disclosure from Third Parties Outside the Jurisdiction Now Easier

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Two recent developments have made it easier for those litigating in England and Wales to obtain information and documents from third parties outside the jurisdiction: the first is a new jurisdictional gateway for applications...more

Latham & Watkins LLP

UK Supreme Court Finds Guaidó Is to Be Recognised as Venezuela’s Head of State in Gold Dispute

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The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Morrison & Foerster LLP

The World Is Your Oyster? Supreme Court Confirms UK Jurisdictional Gateway For Parent Company Liability

On 12 February 2021, the Supreme Court handed down judgment in the high profile case of Okpabi v Shell, in which it allowed a jurisdictional appeal relating to group claims brought by claimants against a UK domiciled parent...more

A&O Shearman

Asymmetric jurisdiction agreements – are they effective against “torpedo” actions in another court?

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An asymmetric jurisdiction agreement is an exclusive jurisdiction agreement for the purposes of the “anti torpedo” provisions of the Brussels Recast Regulation. This means that the court given exclusive jurisdiction for the...more

Haug Partners LLP

Update: Global FRAND Terms and Standard Essential Patents

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Recent appellate decisions coming out of the United States and the United Kingdom relating to global FRAND terms for standard essential patents will likely increase the possibility of forum shopping by patent owners and...more

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