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Post-pandemic development of Scottish civil justice continues down digital path

United Kingdom - August 30 2022 Over the last two years, we have written a number of updates on actual and proposed changes to how civil litigation is conducted in the Scottish…

Colin Hutton, Graeme MacLeod

CJEU gives precedence to Spanish court judgment over English Commercial Court judgment enforcing arbitral award

European Union, Spain, United Kingdom - July 8 2022 On 20 June 2022, the Court of Justice of the European Union ("CJEU") delivered a "preliminary ruling" that an English Commercial Court judgment…

Karan Kamath, Eleanor Lane

The Commercial Court takes a pro-arbitration approach to res judicata and its application in arbitration proceedings

United Kingdom - June 17 2022 In Union of India v Reliance Industries Ltd [2022] EWHC 1407 (Comm), Sir Ross Cranston (sitting as a High Court judge in the Commercial Court) found…

Richard Bamforth, Karan Kamath, Sarah Vasani

Scotland’s direction of travel remains towards digital civil justice: but practitioners continue to act as a brake

United Kingdom - March 3 2022 Last year, the Scottish Civil Justice Council (SCJC) launched a consultation on proposed new rules which would result in virtual hearings becoming…

Eilidh Douglas, Colin Hutton, Graeme MacLeod

Genuine ambiguity only: when are post-contract actings relevant to interpretation?

United Kingdom - March 3 2022 The Court of Session has reaffirmed the well-established principle that a court will not, generally, look to post-contract actings as an aid to…

Joanna Clark, Eilidh Douglas