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New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

Ethics in the age of AI: new Institute of Directors checklist

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the key considerations for boards regarding the ethical use of AI within their companies based on the Institute of Directors’ (IoD) Checklist for Boards (Checklist)?

Government White Paper sets out UK approach to AI regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How is the UK Government looking to regulate AI?

UK Government sets out proposals for regulation of AI

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?

ICO launches AI and Data Protection Toolkit

Published on 28 Jul 2022.

How can those engaged in the development of artificial intelligence (AI) systems utilise the Information Commissioner’s Office’s AI and data protection risk toolkit (the Toolkit) to better ensure compliance with data protection legislation?

UK government announces the launch of an AI standards hub

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?

UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

Money Covered: The Week That Was – 10 January 2025

Published on 10 Jan 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

FOS complaints on the rise – is enough being done?

Published on 07 Jan 2025. By David Allinson, Partner and Damien O'Malley, Associate

The Financial Ombudsman Service (FOS) has recently published its yearly complaint data, revealing that complaints regarding fraud, scams, current accounts and credit cards between July and September 2024 hit record levels, rising more than 50% compared to the same period in 2023. The data provides a breakdown of the areas where complaints appear to have increased the most.

Money Covered: The Week That Was – 22 November 2024

Published on 22 Nov 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week That Was - 1 November

Published on 01 Nov 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

The 'Audit Reform and Corporate Governance Bill': Momentum for legislative reform continues, but what does the proposed legislation mean for management liability?

Published on 09 Oct 2024. By Mike Newham, Partner and Victoria Lawman, Trainee Solicitor and Aimee Talbot, Knowledge Lawyer

We consider what we know about the proposed Audit Reform and Corporate Governance Bill.

Fixed recoverable costs: One year on

Published on 30 Sep 2024. By Chris Gower, Senior Associate and Gavin Reese, Partner, Head of Regulatory

1 October 2024 marks the one year anniversary of the implementation of the final Jackson reform: the biggest shake-up to civil costs in a decade. We consider the impact of the reforms and whether the predictions we made this time last year were right.

Compulsory mediation in small claims: a quick guide for the busy lawyer

Published on 28 Jun 2024. By Kirstie Pike, Partner and James Ainsworth, Senior Associate

A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.

No bouncing back for directors

Published on 20 May 2024. By James Wickes, Partner and Adam Craggs, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.

Money Covered: The Week That Was – 10 May

Published on 10 May 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week That Was – 3 May

Published on 03 May 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week That Was – 26 April

Published on 26 Apr 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 19 April

Published on 19 Apr 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 25 August

Published on 25 Aug 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 04 August

Published on 04 Aug 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Fix up, look sharp: FRC update

Published on 01 Aug 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Aimee Talbot, Knowledge Lawyer

What's the latest on fixed recoverable costs in professional negligence claims?

Money Covered: The Week that Was - 28 July

Published on 28 Jul 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 07 July

Published on 07 Jul 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

A matter of interpretation – the Supreme Court look at contractual interpretation once more

Published on 24 Feb 2023. By Poppy Hay, Associate and Laura Stocks, Partner

In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.

Your statement or mine? Witness statements under Practice Direction 57AC

Published on 23 Feb 2023. By Richard Seymour, Associate and Simy Khanna, Partner

The judgment of Mr Justice Fancourt in Mackenzie v Rosenblatt Solicitors & Anor [2023] EWHC 331 (Ch) has highlighted, in no less than 36 paragraphs on the matter, the importance of ensuring compliance and understanding of Practice Direction 57AC - Trial Witness Statements in the Business and Property Courts ("PD 57AC"), when preparing witness statements.

The collapse of FTX: lessons for many

Published on 14 Feb 2023. By James Wickes, Partner and Matthew Wood, Senior Associate and Jessica Pease, Associate

From investors to regulators, FTX Trading Ltd (FTX) filing for bankruptcy was unexpected by all. A catalyst for litigation and regulation over the years to come, this collapse will serve as a warning, particularly to cryptocurrency insurers.

SLAPPs – a round up of the latest developments for the SRA

Published on 02 Feb 2023. By Graham Reid, Partner and Charlotte Thompson, Associate

The last week or so has seen a burst of activity on SLAPPs, alongside criticism of the SRA. This will be of interest to lawyers and their insurers.

The scope of a solicitor's duty to third parties in the spotlight again

Published on 26 Jan 2023. By Michelle Peacock, Associate and Rhian Howell, Partner & Head of Office, Bristol

The Claimant (Mr Syed Ul Haq), via his Estate, brought claims against the Defendants for damages arising out of two frauds in connection with the same property. It is central to this appeal to understand that Rees Page Solicitors never acted for the Claimant. It is indeed for that reason Rees Page Solicitors applied for summary judgment on the grounds that the Claimant had no reasonable prospects of success. After hearing the application, on 13 December 2019, Deputy Master Lloyd, granted summary judgment on the basis that as Mr Ul Haq was not a client of Rees Page Solicitors, they did not owe him a duty of care.

Is the FCA to blame for BSPS? MPs seem to think so

Published on 22 Jul 2022. By Rachael Healey, Partner

The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.

FCA consultation on British Steel redress scheme published

Published on 31 Mar 2022. By David Allinson, Partner and Robert Morris, Partner

The FCA has now published its consultation paper on the proposed redress scheme for British Steel Pension transfers under s.404 of FSMA. The scope of this is wider than anticipated and the proposals contain some surprises around the lack of an opt-in process and potential involvement of FOS.

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 Feb 2022. By Rachael Healey, Partner

Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

The Future of Insolvency Regulation

Published on 04 Jan 2022. By Rachael Healey, Partner

On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.

Financial Services: Minimising Risk in a Dawn of Opportunity

Published on 12 Nov 2014. By Simon Laird, Global Head of Insurance

Over the last few years, firms have been asking themselves how they will make money in the post RDR world.

New Standard Contractual Clauses for data importers outside the EAA but subject to the GDPR

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

Are the EU’s Standard Contractual Clauses (SCCs) needed if a data importer is located outside the European Economic Area (EEA) and already directly subject to the EU General Data Protection Regulation (EU GDPR)? In other words, where third party controllers and processors are based outside the EAA but subject to the GDPR, do you still need the SCCs to enable a lawful international transfer to them?

The UK’s new Data (Use and Access) Bill

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

What does the UK’s new Data (Use and Access) Bill (the Data Bill) mean for businesses?

EDPB’s new publications on the ePrivacy Directive, processors and legitimate interests

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

What are the key takeaways for organisations processing personal data set out in the recent Guidelines and Opinions adopted by the European Data Protection Board (EDPB)?

ICO Statement on Generative AI Model Training

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

What position does the Information Commissioner’s Office (ICO) continue to take on Generative AI Model training?

ICO reprimands Sky Betting and Gaming for using non-essential cookies without users’ consent

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

What proactive steps should website operators take to ensure that their use of cookies complies with UK data protection law? Put another way, are you sure personal data is not being collected by your website’s advertising cookies before users have consented to their deployment?

Irish DPC fines LinkedIn €310m for behavioural analysis and targeted advertising breaches

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

How certain do data controllers need to be of their lawful basis for processing personal data when engaging in behavioural analysis and targeted advertising, and how clearly must this be reflected in a privacy policy?

UK's new AI Cyber Security Code of Practice

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What is the UK's proposed AI Cyber Security Code of Practice?

EU AI Act into force 1 August 2024

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

The EU AI Act came into force across all 27 EU member states on 1 August 2024. The aim of the legislation is to ensure AI systems used in the EU are safe and transparent.

New Minister for Data Protection Sir Chris Bryant

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

On 8 July 2024, the Government appointed Sir Chris Bryant as the Minister of State for Data Protection and Telecoms (as well as Minister of State for Creative Industries, Arts and Tourism).

Social media and video sharing platforms targeted by ICO over children's privacy practices

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What must social technology platforms be aware of to ensure they are following the ICO's codes of practice for children's online safety?

Uber hit with €290m fine for transferring European driver data to its US HQ

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What does the Uber fine signal for international data transfers and the consequences of failing to comply with the EU General Data Protection Regulation (EU GDPR)?

X suspends personal data training of AI chatbot Grok following Irish DPC pressure

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

How are the data regulators addressing the use of personal data when training AI language models?

The UK's new AI Bill

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

The UK's Digital Information and Smart Data Bill

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What can we expect from the new Digital Information and Smart Data Bill (the DISD Bill)?

AI-as-a-Service – Key Issues

Published on 04 Oct 2024. By Praveeta Thayalan, Knowledge Lawyer and Tom James, Associate and Paul Joukador, Partner

Artificial Intelligence-as-a-Service (AIaaS), in the same vein as Software-as-a-Service and Infrastructure-as-a-Service, refers to cloud-based tools that allow businesses to gain access to an AI model hosted by a third party provider.

Procuring AI – Commercial Considerations Checklist

Published on 04 Oct 2024. By Praveeta Thayalan, Knowledge Lawyer and Paul Joukador, Partner

Many companies will no doubt be considering using AI within their business to take advantage of the massive opportunities for increased productivity and cost efficiencies promised.