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11 September 2026
Issue: 8176 / Categories: Legal News , Jurisdiction , International , Dispute resolution
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NLJ this week: Estoppel crosses borders

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A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim

Writing in NLJ this week, Alexander Bromwich, associate, and Marina Boterashvili, partner, at Quinn Emanuel Urquhart & Sullivan UK LLP examine Aviator LLC v Spribe OÜ. The decision treats rules giving preclusive effect to earlier judgments as substantive, rather than merely procedural, for the purposes of Rome II. If upheld on appeal, an English court may need expert evidence of foreign law before deciding what effect a previous decision has on a later claim.

The authors also review recent authorities on estoppel arising from arbitral awards, interlocutory decisions and pure questions of law. The Supreme Court’s decision in Skatteforvaltningen v MCML stresses that estoppel attaches only to the ‘immediate foundation’ of a decision—not every step in its reasoning. The doctrine’s limits therefore remain as important as its finality.

MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

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