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Related news & insights - Richard Marshall

Transatlantic litigation: service of US proceedings in the UK under the Hague Convention
Posted: 13/02/2025
In today’s global economic landscape, more and more US corporations are conducting business in foreign jurisdictions, and entering into contractual relationships with individuals and entities based abroad. Much of that business is conducted in the UK. In 2023, the US was the UK’s largest import and export partner for services and was......>>
Enforcing US judgments: when it doesn’t pay to multiply your award (Motorola v Hytera)
Posted: 28/01/2025
Claimants (plaintiffs) in US litigation are generally delighted when they are awarded multiple damages as additional or punitive compensation for the civil wrong they have suffered. However, trying to enforce a US judgment for multiple damages in the UK can lead to disastrous consequences, as a recent High Court judgment shows.
Navigating international disputes: enforcement of Singapore judgments in England and Wales
Posted: 14/11/2024
This article examines the requirements and procedure governing the enforcement of judgments from the courts of Singapore in England and Wales. The recognition and enforcement of Singapore judgments in the United Kingdom is primarily governed by the 2005 Hague Convention on Choice of Court Agreements (2005 Convention)......>>
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......>>

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