Blog

Does service of an unsealed claim form amount to good service

May 24, 2022

The Court of Appeal sets out the steps parties should take to ensure service

Back to the future - forum non conveniens and Spiliada after Brexit

May 16, 2022

The High Court declines an application for a permanent stay of proceedings on the grounds that the English courts are an inappropriate jurisdiction to hear a claim in light of connections to Cyprus.

Latest trends in English banking litigation - Duration and resolution of claims

May 09, 2022

The latest post in our series covers the recent trends in the duration and resolution of English banking litigation, including an analysis of whether fraud cases are more or less likely to settle

Law Commission proposal on electronic trade documents

May 03, 2022

A significant demonstration of their approach to new technology and a new era for trade finance

Smart legal contracts on the FinTech Pulse podcast

April 14, 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.

Privy Council warns against issue arising from hybrid arbitration clauses

April 07, 2022

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.

Group action dismissed – barrister owed no duty of care to investors in film finance schemes

April 01, 2022

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.

High Court rejects claim blockchain developers owe duties to users

March 31, 2022

The latest instalment in the Tulip Trading v Bitcoin Association litigation has been greeted with relief by many in the blockchain community, after the High Court threw out a claim that bitcoin developers (including several bitcoin forks) owed a duty of care or a fiduciary duty to an alleged owner of bitcoin. But the Court did not rule out duties being owed in other circumstances – distributed ledger technology developers, miners and users should all beware that the risk of unexpected liability has not been completely eliminated.

Quincecare duty can extend to authorised push payment fraud

March 25, 2022

The Court of Appeal held that the duty can apply in principle where an individual gives the bank a payment instruction relating to their own account.

Spotting and Managing Litigation Risk in DeFi

March 22, 2022

As published in the International Journal of Blockchain Law, our New York and London Commercial Disputes teams have collaborated to consider how you can spot and manage litigation risk in DeFi.