Expert determination meaning

In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...

In this issue: Advertising, marketing and sponsorship Brexit Contracts International Sale and supply of goods Supplier management Supply of services LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship The Competition and Markets Authority (CMA) has released a practical compliance guide (the Guidance) on environmental claims for fashion brands, drawing on the principles in its Green Claims Code (the Code). It has also encouraged 17 fashion brands to revisit their green claims in light of the Guidance. In their article, Nigel Parr, partner, Christopher Eberhardt, counsel, and Olivia Spong, associate, at Ashurst, set out the main insights from the Guidance and consider the potential consequences for businesses both inside and beyond the fashion industry, including effects on internal procedures and engagement across supply chains. See News Analysis: CMA publishes guidance on environmental claims in the fashion sector. ASA rulings—2...

Oliver v Oliver [2024] EWHC 2289 (Ch) What are the practical implications of this case? This judgment stands as an uncommon instance of a Will being set aside for both want of testamentary capacity and undue influence despite professional preparation, the court having the testator’s recorded instructions, and a certificate obtained from the testator’s GP. It merits close reading for its survey of authority and its demonstration of the application of legal principles in real cases, including where a defendant declines to engage with the proceedings. The court concluded that William lacked testamentary capacity after a detailed evaluation of his medical notes (including a post-mortem), expert opinion from a Consultant in Old Age Psychiatry, and witness evidence. Although a determination on undue influence was not required, the reasoning still provides a helpful illustration of a successful claim. Jane adduced substantial material evidencing Rodney’s domination of William, which encompassed restricting his contact with other relatives and influencing his medical treatment. Rodney induced William to cease his prescribed treatment and instead...

A deadlock arises when parties to an agreement face an irreconcilable dispute and cannot reach consensus. The expression is commonly associated with corporate joint ventures (JVs), especially 50:50 JVs where neither side holds a controlling interest and, as a result, unanimous consent is required for all decisions. Deadlock may equally occur in non-50:50 JVs, for example where specific matters demand unanimity or where more than two JV participants vote and no majority is achieved. Certain conflicts can trigger a deadlock that prevents the joint venture company (JVC) from operating effectively. It is sensible to address at the outset how a deadlock might be settled. Consequently, joint venture agreements (JVAs) usually include deadlock resolution mechanisms (often in stepped stages) that must be followed to resolve the impasse. Defining deadlock procedures within the JVA will save time and expense if a deadlock emerges and will help the parties to maintain the JV's continuity. On occasion, the very circumstances that produce a deadlock can also prompt the aggrieved party to seek relief under...

Mediation has become increasingly prevalent as a form of alternative dispute resolution (ADR) in the UK since the Access to Justice Report. It is consistently promoted by the courts as part of the overriding objective under CPR 1.4(2)(e). The courts also now hold explicit powers to direct parties to ADR under CPR 3.1(2)(m), and parties are required to consider it under the Practice Direction – Pre-Action Conduct and Protocols. This is further reflected in the Chancery Guide, para 10.1. While the Civil Procedure Rules do not provide a specific pre-action protocol for probate and trust disputes, the Association of Contentious Trust and Probate Specialists has issued a Code to support practitioners. It states at 2.18 that parties should at all times evaluate whether ADR is suitable and note that the court may now order participation in ADR. ADR takes various forms, including: Mediation Early neutral evaluation (court-based and private) Financial dispute resolution (court-based and private) Expert determination Arbitration Not...

This Practice Note offers guidance on the overall conduct of an arbitration under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). As outlined in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations begun on or after 1 November 2018, unless the parties agree otherwise; for arbitrations initiated before 1 November 2018, the 2013 HKIAC Rules will generally apply, again subject to party agreement. For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. For guidance on commencing and answering proceedings, see Practice Notes: HKIAC (2018)—starting an arbitration and HKIAC (2018)—responding to a HKIAC arbitration. The overall approach to procedure in a HKIAC arbitration Each arbitration is unique, and a chief attraction of this form of dispute resolution is the ability to tailor the procedure to the requirements of the case. Nonetheless, most arbitrations follow a broadly similar procedural trajectory....

Schedule—Benchmarking 1 Introduction 1.1 This Schedule sets out processes and protocols for benchmarking the Supplier’s services...

This Agreement is made on [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ insert jurisdiction, eg England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Licensor) [ insert name ] [ of OR a company incorporated in [ insert jurisdiction, eg England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Licensee) Each of the Licensor and the Licensee constitutes a party, and together the Licensor and the Licensee are the parties. Background The Licensor is the [ owner of OR applicant for ] the Licensed Patents and holds the Licensed Know-How. The Licensor intends to grant the Licensee a licence to exploit the Licensed Patents and the Licensed Know-How, and the Licensee agrees to take that licence subject to, and in accordance...

This Agreement is entered into on [ insert date ] (the Commencement Date) between the following organisations (each a ‘party’ and collectively the ‘parties’), as identified below: Parties [ insert researcher name ], a company incorporated and registered in [ England and Wales ] with company number [ insert company number ], whose registered office is at [ insert registered office ] (the Researcher) [ insert customer name ], a company incorporated and registered in [ England and Wales ] with company number [ insert company number ], whose registered office is at [ insert registered office ] (the Customer) Background The Researcher has the expertise and capacity to undertake research within the field of [ insert details ]. The Customer wishes to appoint the Researcher to perform the Research (as defined below), and the Researcher agrees to proceed on the terms of this Agreement as set out herein. [ Insert details ]...