We are no longer publishing new posts on the Practical Law Dispute Resolution blog. Instead, we now publish articles covering similar issues on Practical Law (see Practical Law Dispute Resolution column ..read more

Claims concerning the misappropriation of crypto assets have become an increasingly regular feature of the disputes landscape in the English courts. The recent Court of Appeal decision in Tulip Trading Limited v Bitcoin Association for BSV and others adds to the body of case law on crypto fraud and, notably, represents the first time that the ..read more

Changes are afoot with regards to Qualified One Way Costs Shifting (QOCS) from 6 April 2023, changing the protection currently afforded by CPR 44.14 to claimants in personal injury cases. But what does this mean for both claimants and defendants? Background QOCS was introduced following the Jackson reforms. Ultimately, it was considered to be the ..read more

The decision of the Court of Appeal in Belsner v Cam Legal Services is now five months old, but is still the source of much debate, so here is a summary of what it did, and did not, decide and as I set out below, much of the judgment was obiter, that is not necessary for ..read more

In Fenchurch Advisory Partners LLP v AA Ltd (formerly AA plc), the court considered a number of issues: Whether the parties had entered into a binding contract; If so, whether AA’s obligation to pay what is described as a ‘success fee’ was triggered; and If there was no binding contract, was there an implied contract or does Fenchurch have a restitutionary claim and, if so, to what sum is it entitled? The case had a long, complex history, which is only summarised here. In essence, AA was in financial difficulty and was looking to potentially sell off the insurance side of its business in a p ..read more

The English High Court has permitted two individuals to continue to pursue computer hacking claims against the Government of the Kingdom of Bahrain (KOB). This follows an earlier ruling made by the same judge in a claim against the Government of the Kingdom of Saudi Arabia (KSA) where similar conclusions were reached. These significant decisions confirm that individuals have private rights of action against foreign states in such cases. However, it is also important to understand the limitations of these rulings. The UK-based claimants, Saeed Shehabi and Moosa Mohammed, commenced proceedings i ..read more

In years to come, March 2023 may come to be remembered as the month that came closest to replaying the systemic carnage of September 2008. The collapse of Silicon Valley Bank (SVB) triggered broader concerns given its venture capital and start-up focused client base – perhaps better contextualised when one considers about 5% of VC managers control 50% of the capital in the US.  Larry Fink, the legendary founder and CEO of the asset management behemoth Blackrock, wrote to investors shortly after SVB’s demise, stating that the “dominoes are starting to fall” after the changing interest rate ..read more

In this digital age, where the internet allows for anonymity and cryptocurrency is obtaining ever increasing legitimacy, it is interesting to consider how these societal shifts will impact civil litigation and specifically, the costs implications for parties arising out of litigation. In the last year, we have seen various cases in relation to cryptocurrency, for example Tulip Trading Ltd v Bitcoin Association for SV (BSV) and others ; an application in relation to whether Bitcoin could be used as security for costs (the answer being no – it is too volatile). In the case of Wright v The p ..read more

The High Court recently provided useful guidance on security for costs applications made under CPR 25.13(2)(c) in relation to the burden of proof where a claimant refuses to adduce sufficient evidence of funds, as well as the relevance of expedition to the date of the application, and the use of budgeted costs when determining the quantum of security. In February 2013, the claimant purchased two French silver-guilt soup tureens from the defendant for £181,500. However, they subsequently claimed that the claimant had misrepresented the tureens’ provenance and value and, as a result sought recis ..read more

For those who have worked through the slow and steady technological changes in the world of litigation in the past two decades, things are about to take a dramatic turn. With the arrival of the already ubiquitous ChatGPT, a mere forerunner to the AI large language models, we can expect, in the near future, the possibilities of how AI will revolutionise commercial dispute resolution are only just becoming possible to conceive. AI, in the form of relatively rudimentary machine learning algorithms are already widely used to assist with document review and eDiscovery. Their utility in these often ..read more