Litigation Notes

New York court finds client chats with generative AI tool Claude are not privileged

The decision contains important lessons, but the analysis may not be identical under English law.

Civil Justice Council publishes consultation on use of AI for preparing court documents

Court of Appeal refuses permission for new defendant to be substituted after expiry of limitation period

High Court upholds ICC Judge’s decision dismissing wide-ranging application for disclosure of “everything forever” in relation to company in liquidation

Commercial litigation podcast series – Episode 35: General update

Drafting contracts – key lessons from 2025

Our Corporate team's annual contract law update briefing is now available.

UK Jurisdiction Taskforce consults on draft legal statement on liability for AI harms

Commercial Court dismisses application for stay on basis of English jurisdiction clause and forum non conveniens waiver clause

Court of Appeal upholds contractual limits on challenging enforcement action in cross-border finance transaction

The decision reaffirms that the English court is willing to enforce contractual provisions that give up valuable legal rights, provided the language used …

Supreme Court considers approach to interpretation of industry-wide standard form contracts

The decision confirms the limits on termination for repeated defaults under JCT construction contract.

Supreme Court reshapes UK competition class actions landscape

The Supreme Court has held that the FX class action cannot proceed on an "opt-out" basis, overturning the Court of Appeal's decision.

Commercial Court finds no implied term necessary to give business efficacy where agreement allocated risk between the parties