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Views from the Bridge: The Commercial Disputes newsletter - October 2025

The latest views, news and legal updates from Howard Kennedy's Commercial Dispute Resolution team.

"View of London Bridge from North.

Legal Updates and Insights 

Who’s Running the Show? The Implications of Mazur for Litigators

An English High Court decision clarifying who can conduct litigation in England and Wales has caused alarm among litigators. While the SRA has confirmed its view that the court's decision does not change the position in law, the reaction to the case has been revealing. 

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Landmark Decision: Privy Council Abolishes Shareholder Privilege Rule

The Privy Council decision in Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others abolishes the "Shareholder Rule", which had prevented companies from asserting legal advice privilege against their shareholders in litigation. 

 UNPACK THIS LEGAL SHIFT

Arbitration Focus 

Arbitration Act 2025 

The Arbitration Act 2025 is now in effect.

Review our overview for key changes, including: 

  • Law applicable to arbitration agreements 
  • Arbitrators' duty of disclosure 
  • Awards on a summary basis
  • Jurisdictional challenges
  • Immunity of Arbitrators 

READ LUKE AND MAYA'S INSIGHTS

Indemnity Costs for "Hopeless" Arbitration Challenges

The decision in V & Anor v K 2025 EWHC 1523 (Comm) contains a warning to parties who are seeking to challenge an arbitral award to consider carefully whether to bring a "hopeless" challenge as the cost consequences might be substantial.

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English Courts Enforce Contractually Agreed Time Limits to Challenge a US$ 324 Million Award 

In Eronat v CNPC & Cliveden, the Court of Appeal held that the term "rendered" in an arbitration clause referred to the date the award was made, resulting in the section 69 appeal being dismissed as out of time.

Read more from the team

News from the Bridge

Howard Kennedy's Supreme Court Victory in PLC Magazine

Jim Fairlie, Joel Leigh and Alix Pery's article in PLC Magazine analyses the Supreme Court's landmark ruling in Waller-Edwards v One Savings Bank Plc, which significantly alters the legal framework surrounding undue influence.

Read the team's insights

Insolvency Corner

UK Courts Drive for Efficiency with New Rules for Restructuring Plans

A new Practice Statement issued by the Chancellor of the High Court, is expected to significantly impact how proceedings are conducted in relation to the sanctioning of schemes of arrangement and restructuring plans under Parts 26 and 26A of the Companies Act 2006. 

understanding new restructuring rules 

Recognition and Assistance for Foreign Insolvency Office Holders in England

We outline how foreign insolvency office holders can gain recognition in England to manage UK assets, and describe the main legal routes available for doing so.

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And now for something completely different ...

When satire gets a hard stare

In a recent satirical YouTube show by the creators of Spitting Image, Paddington Bear was controversially reimagined as a drug-using, foul-mouthed podcast host. The sketch featured Paddington snorting white powder and joking about starring in Narcos as “Pablo Escobear", in stark contrast with the beloved character’s traditionally wholesome image. This is reported to have prompted legal action from StudioCanal and the estate of author Michael Bond in relation to copyright and design rights concerns. 

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