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COVID-19: Virtual hearings - what we've learned

Published on 27 Mar 2020. By Dan Wyatt, Partner

Remote court hearings have very quickly become the "new normal". We've taken part in a fair few in recent weeks so wanted to share some practical tips that we hope will help those about to enter the virtual courtroom….

COVID-19 - The official guidance on remote hearings; early engagement is key to success

Published on 24 Mar 2020. By Geraldine Elliott, Partner and David Cran, Partner, Head of IP & Tech

COVID-19. The courts are trying to conduct "business as usual" as much as possible in this challenging climate. The latest official guidance, published on Friday, covers remote hearings in all Civil Courts in England & Wales; it relates to all types of hearings – applications, trials and appeals.

COVID-19: Impact on court hearings and successful virtual mediations

Published on 20 Mar 2020. By David Cran, Partner, Head of IP & Tech and Geraldine Elliott, Partner

As anticipated, the Courts are now moving to a (mainly) remote working basis.

Beware: English jurisdiction clauses do not mean choice of English law

Published on 06 Mar 2020. By Geraldine Elliott, Partner and Fred Kuchlin, Senior Associate

Where parties have agreed in a contract that the English courts will have jurisdiction in the event of a dispute, it does not automatically follow that English law will be the governing law. A party recently found this out, to its cost, when a different governing law clause meant an expired limitation period. This case demonstrates that those entering into contractual agreements should carefully consider a choice of law clause that specifically designates the laws of a country that suits them. GDE LLC v Anglia Autoflow Limited.

High Court: Claimants' litigation funder ordered to provide security for costs

Published on 21 Feb 2020. By Chris Ross, Partner and Gill O'Regan, Senior Associate

The High Court has handed down a significant judgment giving important guidance on the Court’s approach to issues of costs-sharing and security for costs against litigation funders in large multi-party claims. The judgment will be a key touchpoint in this developing area of law. RPC acts for Ingenious in the proceedings. The judgment citation is [2020] EWHC 235 (Ch).

Equitable compensation for breach of fiduciary duty: a question of loss?

Published on 20 Feb 2020. By Davina Given, Partner

A director who extracted money from a company by way of sham invoices may have a defence to an equitable compensation claim for misappropriation of the company's funds, if the director could have lawfully transferred the funds to the same recipients for no value. The Court of Appeal explored this possibility in Auden McKenzie (Pharma Division) Ltd v Patel

Lenders face more allegations about their actions on restructuring

Published on 14 Feb 2020.

Representatives of a lender on a board will not automatically impose directors' duties on the lender, but they may apply where a director's specific instructions have led directly to a breach of fiduciary duty. The High Court recently explored this issue in an appeal in the case of Standish v Royal Bank of Scotland plc.

Covertly obtained information cannot be deployed until its legitimacy is resolved

Published on 07 Feb 2020.

Bitcoin is 'property' and can therefore be subject of proprietary injunction

Published on 03 Feb 2020. By Christopher Whitehouse, Of Counsel

Following recent case law on the matter, the High Court has found that bitcoin can be 'property' and can therefore be the subject of a proprietary injunction.(1) In reaching its conclusion, the court adopted the detailed analysis of the issue set out in the UK Jurisdictional Task Force's November 2019 Legal Statement on Crypto-Assets and Smart Contracts, thereby providing a far more detailed judicial basis for the finding than found in previous cases. The bitcoins at the heart of this case were part of a ransom payment paid to a hacker who installed malware on a company's IT systems.

Breaking news - dominant purpose test extends to legal advice privilege

Published on 31 Jan 2020. By Davina Given, Partner and Kiran Dhoot, Associate

The Court of Appeal has held that legal advice privilege will apply to communications only if seeking or giving legal advice is their dominant purpose.

Freezing orders: when will past conduct show a real risk of dissipation?

Published on 16 Jan 2020. By Jonathan Cary, Partner

In Lakatamia Shipping Company Limited v Morimoto, the Court of Appeal overturned a decision to discharge a worldwide freezing order. This case provides helpful guidance as to when a respondent's prior conduct may support a finding that a real risk of dissipation exists. WFO; Dissipation; Su.

Guaranteed to fail? Oral funding arrangements may be enforceable

Published on 09 Jan 2020. By Geraldine Elliott, Partner

Funding arrangements should be in writing, or at least impose a primary obligation on the funder to pay. So said the Court of Appeal in exploring whether an oral arrangement to fund a litigant was an unenforceable guarantee or an enforceable agreement to pay in any event (Deepak Abbhi -and- Richard John Slade (t/a Richard Slade and Company)

Duty of care can exist between parent company and third parties affected by subsidiaries' actions

Published on 30 Apr 2019.

Vedanta(1) is one of three similar cases progressing through the English courts concerning jurisdiction, mass tort claims and the potential liability of an English parent company for the actions of its foreign subsidiaries,(2) the others being Unilever and Dutch Shell.

Regulation of cryptocurrency pre-ICO funding under English Law

Published on 15 May 2018.

Launching a cryptocurrency typically involves an initial fundraising process followed by a public sale process, by way of initial coin offering or token sale ("ICO").

Hong Kong regulator warns of cryptocurrency risks

Published on 09 Feb 2018. By Jonathan Cary, Partner

Is an insurer responsible for 'the same damage' as its insured?

Published on 19 Nov 2024. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Richard Seymour, Associate

Same Damage and Third Party Rights: unpacking Riedweg v HCC and the 2010 Act

The new Lithium-Ion Battery Safety Bill: where are we with legislation governing lithium-ion battery safety?

Published on 04 Nov 2024. By Jithma Rukunayake, Senior Associate and Andrew Roper, Partner and Aimee Talbot, Knowledge Lawyer

The new Lithium-Ion Battery Safety Bill underwent its first reading on 6 September 2024. We explain the aims of the bill and consider how it fits with the proposed Product Safety and Metrology Bill.

The Terminator: A Tale of Two Insurance Claims

Published on 19 Dec 2023. By Peter Mansfield, Partner

It is 2029, and the Machines are losing their war with Humanity. What to do?

Project Angel Bidco v AXIS - what are the key takeaways for warranty and indemnity insurers?

Published on 30 Nov 2023. By James Wickes, Partner and Matthew Wood, Of Counsel and Matt Ward, Associate

On 31 October 2023, the London Circuit Commercial Court gave judgment in Project Angel Bidco Limited (in administration) v Axis Managing Agency Limited & Ors (2023) EWHC 2649.

Wordings do matter

Published on 06 Nov 2023.

Contract drafting has been brass tacks for lawyers since the dawn of time. In its broadest terms, it involves putting the scope of a bargain reached between parties into clear and effective language.

Storm Babet, flooding and the insurance implications

Published on 24 Oct 2023. By Victoria Sherratt, Partner and Andrew Roper, Partner and Aimee Talbot, Knowledge Lawyer

Subtropical cyclone Storm Babet is currently responsible for over 350 flood warnings in the UK, with more flood warnings expected later this week.

Getting to know Global Access Lawyers

Published on 09 Oct 2023. By Carmel Green, Partner and Simon Laird, Partner, Insurance Sector Lead

Global Access Lawyers brings together some of the worlds leading insurance law practices. In the following pages get to know the different law firms that make up Global Access, who we are, where we operate and the kind of work we do. We hope you find this useful to understand the international reach of Global Access.

Court of Appeal finds in favour of FSCS on scope of the Policyholder Protection Rules (PRR)

Published on 14 Sep 2023.

The Court of Appeal has upheld an appeal by the FSCS from a High Court decision to grant an application for JR against FSCS following FSCS's refusal to compensate a policyholder for an insolvent insurer's failure to meet its liabilities.

What does the FRC's proposed corporate governance overhaul mean for D&O exposures?

Published on 04 Jul 2023. By James Wickes, Partner and Aimee Talbot, Knowledge Lawyer

The Financial Reporting Council (FRC) has now published the draft new UK Corporate Governance Code following the Government's requirements that it incorporate more robust internal control and prudent and effective risk management requirements. The deadline for responses to the FRC's consultation is 13 September 2023.

Are pension fund trustees at risk of legal action following UK gilts’ meltdown?

Published on 07 Oct 2022. By Rachael Healey, Partner

Are pension fund trustees conducting liability-driven investing at risk of legal action following the volatility in the UK gilt market?

All is not (necessarily) lost: Crypto crime recovery

Published on 30 Jun 2022. By Adam Craggs, Partner

With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.