Archive: February 2023

Court gives limited interpretation to an express ‘good’ faith’ clause in a shareholders’ agreement.

Our investigations and white collar crime team have produced an article discussing how a failure to prevent fraud offence will change the landscape for fraud investigations and compliance in the UK.

Ebury Partners Belgium SA/NV v Technical Touch BV & Anor illustrates how, post-Brexit, English courts can grant anti-suit injunctions to restrain proceedings in EU courts.

The intellectual property team have commented on the recent case of Jinxin Inc v Aser Media Pte Ltd & Ors [2022] EWHC 2856 (Comm) where the Commercial Court ruled that an employer’s right to monitor and access private information of an employee held on its systems does not extend to a loss of confidentiality in those documents, and therefore a loss of privilege, as against the employer.

In the recent case of Benkert UK Ltd v Paint Dispensing Ltd [2022] CSIH 55, the Scottish Appeal Court dismissed an appeal which challenged the reasonableness of a limitation of liability clause under the Unfair Contract Terms Act 1977.

Norton Rose Fulbright recently released its 18th Annual Litigation Trends Survey, polling more than 430 US- and Canada-based corporate counsel working in financial services, energy, healthcare, technology and other industries.

Bank of New York Mellon (International) Ltd v Cine-UK Ltd; London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others [2022] EWCA Civ 1021 illustrates how the English courts will approach cases where commercial tenants seek to resist paying rent during periods of COVID-19 restrictions.

Our Banking Litigation Trends publication summarising the trends we saw in 2022, and the key risks we anticipate banks and financial institutions may face in 2023.