Clear filters

Disputes Briefcase A regular digest of key developments in litigation and arbitration, produced by members of our market-leading disputes team.
Supreme Court clarifies scope of the Quincecare duty of care In its long-awaited decision Philipp v Barclays Bank UK Plc [2023] UKSC 25, the Supreme Court provided some much-needed clarity on the scope of the Quincecare duty of care (the “Quincecare Duty”), by confirming that it does not apply to cases...
Overhauling the rules on the law of the arbitration agreement? A departure from Enka v Chubb is amongst the Law Commission’s proposals to finetune the Arbitration Act 1996
Two steps forward, no steps back - Corporate criminal liability reform Now that UK Parliament is back in session following the summer recess, there is renewed political momentum behind the Economic Crime and Corporate Transparency Bill. The Bill includes reform of criminal liability for corporates. It would: (1) create a new...
Two steps forward, no steps back - Corporate criminal liability reform Now that UK Parliament is back in session following the summer recess, there is renewed political momentum behind the Economic Crime and Corporate Transparency Bill. The Bill includes reform of criminal liability for corporates. It would: (1) create a new...
FX collective proceedings: analysing the Court of Appeal certification and carriage judgment On 25 July 2023, the Court of Appeal handed down its judgment relating to the European Commission’s Forex settlement decisions from May 2019. In summary, the Court of Appeal partially allowed the appeal from the Competition Appeal Tribunal’s...
Supreme Court deals blow to litigation funders in the CAT The Supreme Court has held that litigation funding agreements that allow funders to recover a percentage of damages are, in fact, damages-based agreements (“DBAs”) and enforceable only if they comply with the detailed legal regime for DBAs.
Trucks Litigation: Court of Appeal finds conflict within the RHA’s class but upholds certification On 25 July 2023, the Court of Appeal delivered its judgment regarding two connected appeals, which sought to challenge the Competition Appeal Tribunal’s (CAT’s) decision last year to grant the Road Haulage Association’s (RHA’s)...
The PCPD’s Softmedia investigation – a cautionary tale with recommendations going forward The Office of the Privacy Commissioner for Personal Data (the “PCPD”) recently completed its investigation into Softmedia, finding that it insecurely held personal credit data and improperly retained it. At a time when the PCPD is receiving an increasing...
HK CFA Clarifies Effect of Exclusive Jurisdiction Clauses on the Court's Insolvency Jurisdiction The Hong Kong Court of Final Appeal (CFA) has recently in Re Guy Kwok-Hung Lam  confirmed that, where a dispute in respect of a petition debt is subject to an exclusive jurisdiction clause (EJC), the Hong Kong court should generally hold the...
So Near, So FFAR - How Legal Challenges to FIFA's New Football Agent Regulations Are Playing Out In Europe As we get closer to its full implementation on 1 October 2023, this briefing looks at recent legal challenges in European courts against FIFA’s new Football Agent Regulations (FFAR), including the decision by a Dortmund court in May to stop the...
Regulating AI Series With the adoption and regulation of artificial intelligence leading the news globally, our Regulating AI series will help you understand, explore and manage the use of AI within your organisation from a legal perspective. The series is a collection of...
Global Investigations Bulletin (April 2023) Our latest Global Investigations Bulletin for April 2023 is now available. This month, we discuss the “failure to prevent” model for corporate criminal offences, and set out the latest news in global investigations and enforcement actions.
Confidentiality in Commercial Arbitration Privacy and confidentiality are often cited as key factors for why parties prefer to arbitrate rather than litigate their disputes. English law provides for confidentiality of arbitrations, notwithstanding there is no express provision in the Arbitration...
The Dispute Resolution Review - 15th edition The Fifteenth Edition of the Dispute Resolution Review provides an indispensable overview of the civil court systems in major jurisdictions worldwide. It examines the key aspects of each jurisdiction's dispute resolution rules and practice, and...