Dispute resolution

UK Litigation Brief | January 2024

Published on 30th Jan 2024

Welcome to the latest edition of Osborne Clarke's Litigation Brief

Close up of people in a meeting, hands holding pens and going over papers

Climate change guidance issued to in-house lawyers by the Law Society

The Law Society has published guidance on how to advise clients on mitigating the risk of greenwashing claims and how to advise on sound climate governance.

Read more >

UK signs up to 2019 Hague Judgments Convention

The UK signed up on 12 January 2024 to the 2019 Hague Judgments Convention, which will come into force 12 months after the UK ratifies the convention. It will then apply to judgments in proceedings started after that date.

Read more >

Court of Appeal finds that parties can be ordered to engage in ADR and mediation

In the Court of Appeal case of Halsey v Milton Keynes (2004), Lord Justice Dyson said that "to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to court". However, the Court of Appeal has now overturned that part of the decision.

Read more >

AI guidance published for judges

The Courts and Tribunals Judiciary has published guidance for judges on the use of artificial intelligence (AI). The guidance sets out the key risks and issues associated with using AI and provides some suggestions for minimising them.

Read more >

Court of Appeal explains how UCTA applies to exclusion clauses in a commercial contract

Section 3 of the Unfair Contract Terms Act (UCTA) 1977 provides that, where contracting parties deal on one party's written standard terms, a party can only exclude liability for its breach of contract if that term is reasonable.

Read more >

Court of Appeal rules on various privilege issues

In Al Sadeq v Dechert (2023), broadly, the claimant is suing a law firm hired by a third party that, he alleges, committed serious wrongdoing in the course of an investigation and led to him being (among other things) unlawfully detained in the Middle East. His challenges to the defendants' assertion of privilege over some of its documents failed at first instance, but his appeal has now been allowed, in part.

Read more >

Judges criticise sub-£1 million claims brought in the Commercial Court

Although there is nothing in the rules to make this clear, Mr Justice Foxton in Gordiy v Dorofejeva & Anor criticised a claim worth "between £650,000 and £900,000" being brought in the Commercial Court.

Read more >


* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

Connect with one of our experts

Interested in hearing more from Osborne Clarke?