Quoting the dissenting judgment of Lord Sumption in Patel v Mirza [2016] UKSC 42 (at para.226): “The common law is not an uninhabited island on which judges are at liberty to plant whatever suits their personal tastes. It is a body of instincts and principles which, barring some radical change in the values of our […]
You are a judge. You heard an eleven-day trial, which included extremely complicated economic evidence, a couple of months ago. You finally disseminated your long judgment in draft to the parties. Oh dear. The claimants have emailed your clerk, pointing out that you have quoted a principle that has been overturned in later case law. […]
Parties whose contractual dealings have been affected by the imposition of sanctions now have increased clarity over their rights and obligations, following the Supreme Court’s decision in UniCredit Bank GmbH, London Branch v Constitution Aircraft Leasing (Ireland) 3 Ltd and another [2026] UKSC 10. In short, where sanctions prohibit a party from making an agreed […]
Seeking (and obtaining) anti-suit injunctive relief (ASI) or anti-anti-suit injunctive relief (AASI) in a foreign court of competent jurisdiction, in respect of a claim that is properly arguable in that court, will not ordinarily amount to criminal contempt. This is not least because, if the English courts would themselves grant ASI or AASI in materially […]
The Cambridge Dictionary definition of “conversion”, when used in a legal context, is “the illegal act of giving away or selling property that belongs to someone else”. In Yuen v Li [2026] EWHC 532, Cotter J found that neither the passing of the Property (Digital Assets etc) Act 2025 (the “2025 Act”), nor the findings […]
In a webinar hosted by the International Underwriting Association, Michael O’Kane and Maya Lester KC of Global Sanctions discussed the growing impact of global trade sanctions on the insurance industry. Senior Partner Michael O’Kane provided attendees with a clear and practical assessment of the challenges facing insurers operating across multiple jurisdictions. His contribution focused […]
Peters & Peters is proud to announce its membership of the Employers’ Initiative on Domestic Abuse (EIDA), reinforcing the firm’s commitment to being the best possible employer for its people. EIDA works with employers to support the implementation of effective internal policies on domestic abuse, while raising awareness and signposting to up-to-date resources. Domestic […]
At a time when serious questions are being asked about whether the international rules-based order is simply a “useful fiction”, repetition, by the Supreme Court in Zimbabwe v Border Timbers, of a passage in an ICJ judgment, Jurisdictional Immunities of the State (Germany v Italy), may have prompted a wry smile from the reader. The […]
Do you know what “specialty” means? Those who don’t will be pleased to learn that members of the Supreme Court disagreed on the scope of this term, which is found (among other places) in the Limitation Act 1980 (“the 1980 Act“). In a ruling which will prompt those advising corporates to think (yet) again about […]
In its judgment in Fridman v Agrofirma Oniks LLC, the Court of Appeal agreed that the rough and the smooth go together: For as long as an individual was precluded from entering the UK, he could not benefit from its laws (the smooth) and therefore could not be made to accept the jurisdiction of its […]
