Litigation and Alternative Dispute Resolution

There are many clients’ inquiries we receive regarding the recognition of foreign judicial decisions in Spain.

The recognition and homologation of foreign sentences in Spain, follows different channels depending on whether the court issuing the resolution is community or not.

In the first case, if the operative act comes from a European Union member state (except Denmark), the recognition and enforcement of the sentence will be automatic.

Read more: Recognition of Foreign Judicial Decisions in Spain: Exequatur

Authors: Greg Whyte, Lidia Vicca, Valerie Blacker

In 2016, Piper Alderman achieved a precedent setting decision for Litigation Capital Management which enabled it to provide security for costs by way of a deed of indemnity from a UK insurer: DIF III Global Investments Fund & Anor v BBLP LLC & Ors [2016] VSC 401 (DIF).

The decision paved the way for an innovative form of security and has been cited numerous times since. It is apparent from two recent examples[1] that a refresher on the governing principles could be useful.

Read more: Security for Costs - UK Deed of Indemnity

Law360 (October 8, 2019, 8:20 PM EDT) -- Copano Energy LLC told the Texas Supreme Court in oral arguments on Tuesday that email exchanges between its representatives and an attorney for a landowner discussing the price the company would pay for an easement are not enough to sustain the breach-of-contract suit it is now facing.

Read more: Texas Justices Told Emails Can't Support Breach Claims

Authors: Michael Bath, Partner & Kate Martin, Associate

In the usual course of litigation, 'costs follow the event', meaning that upon a determination, payment of the successful party’s costs are ordered against the unsuccessful party. However where there is a question as to whether a party can meet an adverse costs order, security for costs may be awarded.

Read more: Security for Costs – Now Available for Order Against Third Parties

Authors: Katherine Hayes, Partner & Elise Turnbull, Senior Associate

On 9 September 2019, in Australian Securities and Investments Commission v Mitchell [2019] FCA 1484. Justice Beach2 once again provided a clear explanation of the relevant test to be satisfied when seeking to rely on litigation privilege. 

Read more: Director Fails to Access ASIC’s Pre-Litigation Witness Communications