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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

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

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
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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