Horizon Scanning: Investigations and Enforcement
November 23, 2023
The regulation and investigation teams reflect on the key trends and developments in 2023 for financial crime enforcement, and look ahead to 2024 to predict developments affecting organisations doing business in the UK will include.
UK investigations and financial crime: Horizon Scanning
June 23, 2023
Reflecting on our previous post on predictions for 2023 in UK investigations and financial crime and looking ahead to the second half of the year.
Tulip Trading litigation: Do bitcoin developers owe a fiduciary duty to users?
May 30, 2023
Discussing the latest decision in the Tulip Trading v van der Laan litigation.
Financial crime investigations in the UK: Looking ahead to 2023
December 20, 2022
As we enter a recession against the backdrop of ongoing geopolitical instability, we expect to see significant financial crime enforcement and investigations in 2023, including a focus on emerging areas such as ESG, cryptocurrencies, and significant developments in financial sanctions.
Can a director be liable for a tortious act of the company?
December 14, 2022
In Barclay-Watt v Alpha Panareti Public Ltd  EWCA Civ 1169, the Court of Appeal has held that a director was not liable as an accessory to a company’s negligent advice.
Can a notice sent pursuant to an ISDA Master Agreement be valid if it is inaccurate?
November 16, 2022
Macquarie Bank Ltd v Phelan Energy Group Ltd  EWHC 2616 (Comm) is the first English High Court judgment which directly considers the requirements for a notice of Failure to Pay under Section 5(a)(i) of the 2002 ISDA Master Agreement to be valid.
Liability for misleading or untrue statements: ACL Netherlands BV v Lynch
November 03, 2022
In an historic first, the High Court has delivered a judgment on liability arising from a breach of s 90A and schedule 10A, Financial Services and Markets Act 2000, in the case of ACL Netherlands BV & Ors v Lynch & Anor  EWHC 1178 (Ch).
ISDA Master Agreements: New guidance on when an Event of Default is 'continuing'
October 21, 2022
Members of our Litigation and Derivatives teams have written an article discussing the impact of the judgment in Grant & Ors v FR Acquisitions Corporation and (Europe) Ltd & JFV Firth Rixson Inc  EWHC 2532 (Ch) which offers important new guidance on when an Event of Default is ‘continuing’ under both the 1992 and 2002 versions of the ISDA Master Agreement.
Landmark judgment on directors' duties when a company faces insolvency
October 20, 2022
Our financial insolvency and restructuring team have written an article on the recent Supreme Court judgment in BTI 2014 LLC v Sequana SA and others  UKSC 25, which looked at whether there is a common law duty on directors to act in the interests of creditors when a company faces insolvency, but is not yet in an insolvency process.
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