Blog

How will the UK’s new failure to prevent fraud offence impact non-UK companies?

May 31, 2024

Our litigation and disputes team have written a briefing note discussing the UK’s new failure to prevent fraud offence which is likely to come into force (after government guidance is issued) by the end of 2024 or early 2025.

Force majeure and the bargain that’s been struck: The Supreme Court decision in MUR Shipping

May 23, 2024

Discussing the Supreme Court decision that taking “reasonable endeavours” to overcome a force majeure event does not require parties to accept offers of non-contractual performance.

Failure to prevent fraud: what do I do now? Part 1: Risk assessments

May 20, 2024

Our regulation and investigations team have written a briefing note considering what steps companies need to be taking in relation to the new UK failure to prevent fraud offence (which is expected to come into force later this year or in early 2025).

Court of Appeal gives guidance on interpreting SPA notice of claim provisions

May 17, 2024

Discussing the Court of Appeal decision in Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477.

English Court hands down guidance on challenges to awards under Sections 67 and 68 of the Arbitration Act 1996

May 13, 2024

Our international arbitration team have written a briefing discussing The Czech Republic v Diag Human SE & Anor [2024] EWHC 503 (Comm).

High Court holds that limitation clause did not limit primary payment obligation

May 07, 2024

Discussing the recent decision in Costcutter Supermarkets Group Ltd v Vaish & Anor [2024] EWHC 152 (KB) which serves as a useful reminder of the difference between primary and secondary contractual obligations.

Commercial Litigation Round-Up – April 2024

April 30, 2024

A brief round-up of important recent cases, procedural developments and hot topics for businesses to help in-house counsel stay up to date.

Supreme Court considers economic loss and remoteness principles in tort of negligence

April 26, 2024

Discussing the judgment in Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6 which clarified pure economic loss.

How will the Court deal with late applications for permission to rely on expert evidence?

April 23, 2024

Discussing relief from sanctions and if the test under CPR 3.9 applies in cases of a late application for permission to rely on expert evidence in a new discipline.

Litigation Funding Agreements (Enforceability) Bill clears another hurdle

April 17, 2024

Discussing the Litigation Funding Agreements (Enforceability) Bill which aims to address the impact of the Supreme Court judgment in R (PACCAR) v Competition Appeal Tribunal [2023] UKSC 28.