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Thinking - Publication

Green claims update: June 2025

Published on 26 Jun 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Hettie Homewood , Senior Associate and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Welcome to our June 2025 round-up of the key legal and regulatory developments relating to green claims.

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Thinking - Blog

FCA consults on new reporting obligations for (i) incidents and (ii) third party arrangements

Published on 16 Jan 2025. By Mark Crichard, Partner and Nigel Wilson, Of Counsel and Praveeta Thayalan, Senior Knowledge Lawyer

On 13 December 2024, the FCA published consultation paper CP24/28 (the CP) on proposals for firms to report on operational incidents and, separately, on material third party arrangements. The CP mirrors similar proposals put forward by the PRA and Bank of England on the same day and is designed to align with current international standards (e.g. the EU Regulation on digital operational resilience (DORA)).

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Thinking - Blog

How will the "Genny lec" impact the world of cyber and tech?

Published on 24 Jun 2024. By Rachel Ford, Partner

On 22 May 2024, Prime Minister Rishi Sunak stood in the pouring rain to announce a General Election, thus commencing a summer of political and meteorological uncertainty for those in the UK.

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Thinking - Blog

Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)

Published on 25 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Senior Knowledge Lawyer

In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).

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Thinking - Blog

Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)

Published on 14 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Senior Knowledge Lawyer

In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.

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Thinking - Blog

A narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)

Published on 25 Jul 2023. By Helen Armstrong, Partner and Joshy Thomas, Senior Knowledge Lawyer

When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.

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Thinking - Snapshot

The EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?

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Thinking - Snapshot

EU Guidance on the AI Act

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

How is the European Commission helping businesses interpret the EU’s Artificial Intelligence Act (AI Act)?

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Thinking - Snapshot

The Online Safety Act: Illegal Harms Codes officially in force, focus now on children

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

What are service providers’ new obligations under Ofcom’s new Codes of Practice on Illegal Harms and its Age Assurance and Children’s Access Guidance?

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Thinking - Snapshot

The UK Government’s consultation on Copyright and AI

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

How is the UK Government considering striking the balance between the protection of copyright in materials and the training of AI?

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Thinking - Snapshot

UK’s new AI Cyber Security Code of Practice

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

How is the UK Government seeking to protect AI systems from growing cyber security threats, in particular in respect of deployable AI systems using GenAI?

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Thinking - Snapshot

UK’s “AI Opportunities Action Plan”

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?

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Thinking - Snapshot

New Development: National Cyber Security Centre warns AI is likely to heighten global ransomware threat

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

The National Cyber Security Centre (NCSC), part of GCQH, has published a report on the “near-term impact of AI on the cyber threat” over the next two years, which concludes that: (i) AI is already being used in cyber activity in a malicious way; and (ii) the volume of cyber attacks and the global ransomware threat are likely to be heightened over the next two years.

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Thinking - Snapshot

UK Government publishes response to AI White Paper consultation

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

What approach has the UK Government’s adopted in its response to the consultation on the AI regulation White Paper (the White Paper)?

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Thinking - Snapshot

What the AI is going on… December 2023 to March 2024

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

Google launched its newest GenAI, Gemini Nano. Designed specifically for mobile phones it presents new competition to market leaders OpenAI. Gemini Nano will allow AI apps that operate offline as opposed to only on servers and provide improved privacy for users.

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Thinking - Snapshot

The new EU Digital Operational Resilience Act (DORA)

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

What can financial services entities and ICT providers expect from DORA and what do they need to do prepare for it?

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Thinking - Snapshot

Court of Appeal holds Samsung liable for trade mark infringement by third-party apps

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

Can online platforms be liable for trademark infringement by third-party apps?

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Thinking - Snapshot

UK Supreme Court rejects AI as “inventor” under the Patents Act

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead and David Cran, Partner, Head of Disputes

What is the scope and meaning of “inventor” in the UK’s patent framework, and will it accept an AI machine as being the sole inventor?

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Thinking - Snapshot

Digital Markets, Competition and Consumers Bill opens door for stricter regulation of news platforms

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

How might the proposed Digital Markets, Competition and Consumers Bill (the Bill) affect news reporting by digital platforms?

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Thinking - Snapshot

DCMS publishes new Code of Practice for app developers and app store operators

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What do app developers and app store operators need to do to comply with the new Code of Practice published by the Department for Digital, Culture, Media and Sport (DCMS)?

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Thinking - Snapshot

New Metaverse regulation proposal to be discussed by EU Commission

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

How does the European Commission (EC) intend to regulate the Metaverse?

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Thinking - Snapshot

Online Safety Bill: Latest amendments increase focus on children safety

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?

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Thinking - Blog

Coming to a bank near you? How "investment AI" could transform financial mis-selling claims

Published on 09 Nov 2023. By Daniel Hemming, Partner

Living under a rock is probably the only way anyone might have escaped the media attention given to ChatGPT and generative AI in recent months. Beyond the (considerable) hype, this technology could have a profound impact on financial mis-selling claims where financial institutions and fund managers turn to the new technology to help them select investments and products.

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Thinking - Blog

Construction disciplinary trends analysis #4: inadequate professional services

Published on 08 Sep 2025. By Emma Wherry, Of Counsel and Ben Goodier, Partner and Aimee Talbot, Knowledge Lawyer

This is the fourth article in our series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team. This time we consider failures to act with skill & care which amount to unacceptable professional conduct and lead to regulatory consequences.

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Thinking - Blog

RICS home improvements

Published on 02 Sep 2025. By Katharine Cusack, Partner and Emma Wherry, Of Counsel and Catherine Zakarias-Welch, Knowledge Lawyer

Earlier this year, we highlighted that the RICS review of its Home Survey Standard, created in 2019 and in place since 2021, was underway and to expect the release of a revised Home Surveys document in 2025 (you can read that article in full here). The Standard sets the benchmark for best practice in residential surveys across the UK, providing a clear framework for consistent, high-quality standards and increased protection for consumers.

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Thinking - Publication

The Week That Was - 8 August 2025

Published on 08 Aug 2025. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Supreme Court resolves key construction and professional negligence issues in URS Corp Ltd v BDW Trading Ltd

Published on 09 Jul 2025. By Aimee Talbot, Knowledge Lawyer and Ben Goodier, Partner

The Supreme Court handed down its keenly awaited judgment in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21 on 21 May 2025. The dispute concerns whether a developer (BDW Trading Ltd) can recover the cost of remedying allegedly dangerous defects in two residential developments from the structural engineers (URS Corporation Ltd) responsible for their design. Our specialist construction insurance team consider the key points for insurers, brokers and professional consultants.

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Thinking - Blog

Architects' Code reforms – it's important that you have your say!

Published on 08 Oct 2024. By Emma Wherry, Of Counsel

The Architects Registration Board (ARB) is consulting on a proposed new code of professional conduct for architects. The proposed new Code is shorter and simpler, but may be more complex to apply and more onerous. Architects should consider responding to the consultation by the deadline of 12 December 2024.

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Thinking - Publication

The Week That Was - 20 September 2024

Published on 20 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 13 September 2024

Published on 13 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 6 September 2024

Published on 06 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 30 August 2024

Published on 30 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

RICS disciplinary process: an overview for surveyors

Published on 27 Aug 2024. By Ben Goodier, Partner and Emma Wherry, Of Counsel and Sarah O'Callaghan, Senior Associate and Laura Sponti, Associate

Download our complete guide to the procedure involved in a disciplinary investigation against a chartered surveyor.

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Thinking - Publication

The Week That Was - 23 August 2024

Published on 23 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 16 August 2024

Published on 16 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Construction disciplinary trends analysis #3: fraud and dishonesty

Published on 12 Aug 2024. By Ben Goodier, Partner and Emma Wherry, Of Counsel and Aimee Talbot, Knowledge Lawyer

This article is the third instalment in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

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Thinking - Blog

Construction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!

Published on 21 Feb 2024. By Ben Goodier, Partner and Emma Wherry, Of Counsel and Aimee Talbot, Knowledge Lawyer

This article is the second in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

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Thinking - Blog

Construction disciplinary trends analysis #1: continuing professional development

Published on 16 Oct 2023. By Ben Goodier, Partner and Emma Wherry, Of Counsel and Aimee Talbot, Knowledge Lawyer

This article is the first in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

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Thinking - Blog

UK tech cases warn of liability clause drafting pitfalls

Published on 21 Sep 2023. By Helen Armstrong, Partner

Excluding and limiting liability is a vital part of any commercial contract. The irony, though, is that despite its importance, almost any exclusion or limitation of liability — if pored over to the nth degree — will have some ambiguity in the face of complex and often unforeseen consequences of breach.

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Thinking - Blog

Thirty minutes in Decentraland: A metaverse adventure

Published on 14 Jun 2023. By Christopher Whitehouse, Of Counsel and Becky Baker , Associate

Decentraland is one of the best known 'metaverses' that currently exist. It is a giant virtual world where users can create 'avatars' (a digital representation of yourself) and interact with one another. Users can also buy and develop virtual land, the mechanics of which involve purchasing an NFT (non-fungible token) connected with the relevant land plot. Users can then develop their land and build unique 3D environments.

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Thinking - Publication

CAT Collective Proceedings - Summer 2025 update

Published on 28 May 2025. By Chris Ross, Partner and David Cran, Partner, Head of Disputes and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

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Thinking - Publication

CAT Collective Proceedings - Summer 2024 update

Published on 24 Jul 2024. By Chris Ross, Partner and David Cran, Partner, Head of Disputes and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

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Thinking - Blog

The CAT's new approach: I can't afford a carriage (dispute)

Published on 02 Jun 2023. By Chris Ross, Partner

Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.

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Press and Media

Whistle-blowing on illegal cartels drops 70% in 5 years

Published on 18 Sep 2023. By Chris Ross, Partner and Arash Rajai, Partner

Competition and Markets Authority (CMA) recently increased award to £250,000 Calls to the CMA hotline have plummeted from 1,442 in 2017 to 427 in 2022

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Thinking - Snapshot

Ofcom publishes children's online safety codes and risk assessment guidance

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What measures must in-scope service providers undertake following the introduction of Ofcom's Protection of Children Codes and Guidance (the Codes)?

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Thinking - Snapshot

New UK Software Security Code of Practice

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What impact will the new voluntary Software Security Code of Practice have on UK organisations?

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Thinking - Snapshot

Navigating the AI Act: The GPAI Code of Practice and Guidelines

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What does the European Commission’s GPAI Code of Practice and Guidelines mean for providers of General Purpose AI models?

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Thinking - Snapshot

First fines issued under the EU Digital Markets Act

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

How have obligations under the Digital Markets Act (DMA) been enforced recently and what are the ramifications for a lack of compliance?

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Thinking - Snapshot

EU Commission's call for evidence on European Business Wallet

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What is the new European Business Wallet and how could businesses benefit from it?

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Thinking - Snapshot

EU Commission seeks feedback on guidelines for the protection of minors online under the Digital Services Act

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What might the change in the Digital Services Act (DSA) guidelines mean for providers of online platforms that can be used by minors?

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