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Archive: March 2021

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Court of Appeal considers “unusual extension” to duty of care principles

March 30, 2021

The Court of Appeal for England & Wales recently held, unanimously, that a claim brought in relation to events that took place overseas can proceed to a trial of the substantive issues in the English courts against an English shipbroker.

Awareness and ‘Active Appreciation’: reliance revisited

March 24, 2021

In Leeds City Council and others v Barclays Bank plc and another [2021] EWHC 363 (Comm), Cockerill J struck out claims for rescission of loans on the grounds of fraudulent misrepresentation holding that a lack of ‘active appreciation’ of the alleged representations was fatal to the claim.

Byers & Ors v Samba Financial Group: ‘pure’ knowing receipt, block discounts and the pandemic

March 22, 2021

In Byers v Samba Financial Group [2021] EWHC 60 (Ch), Fancourt J dismissed a claim by an investment company and its liquidators to hold a defendant bank liable for knowing receipt of trust property consisting of shares in a number of banks.

Immunity for criminal conduct in undercover investigations to be granted to a wide range of UK authorities

March 16, 2021

After a protracted passage through Parliament, the recent Covert Human Intelligence Sources (Criminal Conduct) Act 2021 has received Royal Assent.

What sort of property is a cryptoasset?

March 09, 2021

The category of property into which cryptoassets are placed has wide implications in areas such as insolvency, security and tax. Two rival schools of thought have developed and the ongoing confusion has led to legal uncertainty.

A Lifeline for Damages Based Agreements?

March 05, 2021

In Lexlaw Ltd v Zuberi [2021] EWCA Civ 16, the Court of Appeal unanimously ruled that Damages Based Agreement (DBA) regulations do not prevent early termination payments being made to solicitors.

UN Report on Climate Litigation Released

March 05, 2021

In January, the United Nations Environment Programme (UNEP) published a summary of the status and trends in climate change litigation, in cooperation with the Sabin Center for Climate Change Law titled, ‘Global Climate Litigation Report: 2020 Status Review’ (the UNEP Report).

“No guarantees but I promise to try” – what do endeavours obligations mean?

March 02, 2021

“Endeavours obligations” have been in the international spotlight recently. A clause requiring supply on a “best reasonable efforts” basis in the contract between the EU and a COVID-19 vaccine manufacturer was central to the parties’ recent impasse over what vaccine supply had been agreed between them.

Picking up the COVID tab: Who carries the burden of changes in law?

March 01, 2021

In response to the Covid-19 pandemic, governments continue to introduce guidelines and legislation which significantly impact on revenue streams in all sectors.