Dispute resolution

Read our quarterly Dispute Resolution round-up for coverage of recent developments in the dispute resolution sphere. Our latest edition considers the effect of the change of government on two important pieces of draft legislation: the Litigation Funding Agreements (Enforceability) Bill and the Arbitration Bill. The Litigation Funding Agreements (Enforceability) Bill was intended to undo the effect of last year's decision of the Supreme Court in PACCAR, which rendered many commercial Litigation Funding Agreements unenforceable. However, the new Government has elected not to take the bill forward, pending a holistic review by the Civil Justice Council of the litigation funding industry more generally. By contrast, the Arbitration Bill has been picked back up by the new Government and looks set to become law in the near future, cementing this jurisdiction's arbitration-friendly reputation.

The round-up also covers key recent case law, including an important decision from the Supreme Court in Mur Shipping on the scope of reasonable endeavours provisos in force majeure clauses - required reading for anyone tasked with drafting such clauses – and an examination of directors' duties in an insolvency context in the high profile case of Re BHS Group Ltd.

Finally, the round-up touches on the implications of the UK's recent ratification of the 2019 Hague Convention, which will, when it comes into force as between the UK and the EU (save for Denmark) on 1 July 2025, mean that a greater range of English court judgments are more easily enforceable in the EU than was previously the case.

Our Investigations round-up covers the latest trends and developments in the world of investigations. In our latest edition, we consider the increased recent focus by regulators and other stakeholders on workplace culture, and the consequent need thoroughly to investigate potential misconduct when it occurs. We also cover the new draft guidance from the Solicitors Regulation Authority for lawyers conducting in investigations (which is of particular relevance to in-house counsel), a controversial proposal from the FCA publicly to announce its investigations at a much earlier stage, and a Court of Appeal decision on the application of legal advice privilege to investigation output.