Archive: April 2022

Adam Sanitt and Jonathan Hawkins joined this month’s episode of our firm’s FinTech Pulse podcast to discuss how a recent investigation by the UK law commission into how the current law of contract applies to smart legal contracts.

The Privy Council has upheld the Supreme Court of Mauritius’s refusal to set aside an arbitral award. The report highlights the necessity for clear drafting and the complexities associated with the use of hybrid arbitration clauses.

In McClean and others v Andrew Thornhill QC [2019] EWCH 3514 (ch), the High Court dismissed a £40m claim brought by investors in film finance tax schemes. Zacaroli J held that Andrew Thornhill QC owed no duty of care to investors and his advice in relation to the schemes was not negligent. The judgment includes helpful guidance on the duty of care owed by professional advisers and the application of both limitation periods. The case will be of particular interest to professional indemnity insurers, litigation funders and parties in various other film finance claims.