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Related news & insights - Richard Marshall

Transatlantic litigation: disclosure, discovery and the difference
Posted: 08/08/2024
An essential part of the litigation process, whether the case was initiated in the courts of England and Wales, or in the federal (and state) courts of the United States, is the formal process of exchanging information between the parties about the factual evidence that they intend to present at trial. Known as ‘disclosure’ in England and Wales......>>
Transatlantic litigation: a comparative analysis of privilege in the US and in England and Wales
Posted: 06/08/2024
Privilege is a fundamental right under both English and US law. It entitles a party (or its successor in title) to withhold evidence from production to third parties or a court. Some types of privilege protect communications between lawyers and their clients, the purpose being to allow parties to speak openly with their lawyer without fear that such......>>
Should I stay or should I go – when will the courts stay enforcement of a foreign judgment?
Posted: 30/07/2024
Recent judgments have shone a light on the English courts’ interpretation of the notoriously complex rules on enforcement of foreign judgments. In particular, the courts have considered the effect of an appeal pending in the foreign court, the defendant’s submission to the foreign court, and whether or not a foreign judgment can form......>>
Suit yourself: conflicting jurisdiction clauses and the rise of the anti-suit injunction
Posted: 16/05/2024
The English courts have been busy recently resolving disputes about dispute resolution clauses. When parties have expressly agreed with each other how to determine a dispute, they expect the courts to uphold that agreement. But what happens when two contracts provide for two different dispute resolution processes? And if a party......>>
Transatlantic litigation: enforcing US judgments in England and Wales
Posted: 17/01/2024
The UK and the United States of America have long enjoyed a special and valuable relationship. According to the Office of the United States Trade Representative, US goods and services trade with the UK totalled an estimated $295.6 billion in 2022. The US exported $158.2 billion in goods and services to the UK in 2022 and it imported $137.4 billion......>>
A clash of courts: foreign law disputes in the English courts (Banca Intesa v Venezia)
Posted: 02/01/2024
The Court of Appeal has overturned the Commercial Court’s decision on the validity of an interest rate swap transaction between an Italian authority and two Italian banks. In Banca Intesa Sanpaolo SPA & Anor v Comune Di Venezia [2022] EWHC 2586 (Comm), the appeal court ruled that the swaps between Banca Intesa Sanpaolo SPA......>>
UK to sign Hague Judgments Convention 2019
Posted: 05/12/2023
On 23 November 2023, the UK government announced its intention to sign the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019). The convention requires contracting states to recognise and enforce civil and commercial judgments within its scope......>>
A (dis)honest mistake?
Posted: 09/10/2023
Can a reckless misstatement be a contempt of court? Is evidence unchecked and incorrect, under a statement of truth, enough for a potential prison sentence? Or is honest negligence a defence to an allegation of making a false statement? Ten years ago, in Berry Piling Systems Ltd v Sheer Projects Ltd [2013] EWHC 347 (TCC), [2013]......>>
Transatlantic litigation: an overview of the key agencies and regimes involved in transatlantic investigations
Posted: 28/04/2023
As financial crime increasingly transcends global boundaries, cooperation between national law enforcement agencies also expands significantly. This is particularly true of cooperation between UK and US law enforcement agencies. This article summarises the roles and key powers of the investigatory and law enforcement agencies......>>
Navigating international disputes: enforcing French judgments in England and Wales
Posted: 09/08/2022
Prior to the UK’s departure from the EU, the enforcement of French judgments in England and Wales was exclusively governed by the so-called ‘European Regime’ for claims instituted after January 2015. Despite the UK’s exit from the EU in January 2020, the European Regime remains relevant today for parties that seek to enforce judgments obtained in proceedings issued prior to the UK-EU transition period ending on 31 December 2020......>>

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