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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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© Getty images
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

Trowers & Hamlins—Paul Batchelor

Trowers & Hamlins—Paul Batchelor

Trowers Hamlins strengthens Birmingham Office with senior corporate partner hire

Birketts—trainee appointments

Birketts—trainee appointments

Birketts welcomes largest ever Trainee Solicitor cohort for 2026

Sidley—James Sherlock

Sidley—James Sherlock

Sidley Expands Private Equity Practice With James Sherlock in London

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MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
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