Glossary
A specialist court within the Business and Property Courts hearing substantial national and international commercial disputes.
The English Courts System
from Commercial Disputes
Commercial disputes in England and Wales are primarily heard in the High Court of Justice, specifically the Business and Property Courts — an umbrella that includes the Commercial Court, the Technology and Construction Court (TCC), and the Chancery Division. The Commercial Court handles the most complex business disputes, often involving international parties who have chosen English law and jurisdiction. Appeals go to the Court of Appeal and, on points of law of general public importance, to the Supreme Court. The English courts' reputation for judicial expertise, procedural fairness, and enforceable judgments makes London one of the world's leading dispute resolution centres.
Disclosure
The process by which each party to litigation reveals to the other the documents relevant to the issues in dispute.
Injunction
A court order compelling a party to do something (mandatory) or refrain from doing something (prohibitory), breach of which is contempt of court.
Freezing Order
A court order preventing a party from dealing with or dissipating its assets, designed to preserve funds for a potential future judgment.
Arbitral Award
The binding decision issued by an arbitral tribunal, enforceable internationally under the New York Convention.
Seat of Arbitration
The legal jurisdiction governing the arbitration proceedings (as distinct from the physical venue), determining the courts with supervisory jurisdiction.
Third-Party Funding
An arrangement where an external funder finances a party's legal costs in return for a share of what the claim recovers — a structure English law has treated as contentious since PACCAR.
Pre-Action Protocol
Rules requiring parties to exchange information and attempt settlement before issuing court proceedings, with cost penalties for non-compliance.
Without Prejudice
A legal privilege protecting statements made in genuine settlement negotiations from being disclosed to the court.