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Thinking - Snapshot
Snapshots Winter 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Autumn 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Summer 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Autumn 2023
A roundup of key legal developments for the modern commercial lawyer.
Read more
Thinking - Snapshot
Snapshots Summer 2023
A roundup of key legal developments for the modern commercial lawyer.
Read more
Thinking - Snapshot
Snapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
Read more
Thinking - Snapshot
Snapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Blog
New developments in AI may put law firms at greater risk of phishing fraud
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.
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Thinking - Blog
The High Court continues interim anti-harassment injunction
At a return date hearing on 12 July 2024, Aidan Eardley KC (sitting as a Deputy High Court Judge) continued until trial or further order an anti-harassment injunction granted to prevent the Defendant from, amongst other things, approaching or contacting the Claimant.
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Thinking - Blog
The Supreme Court clarifies the law on the recovery of damages for non-pecuniary damage arising out of a maliciously false statement
The Claimant was an employee of the second defendant, LCA, a recruitment agency owned and operated by the first defendant. After leaving LCA, the Claimant was employed by another recruitment agency and began targeting LCA's clients. LCA's owner told two third parties, one of whom was the Claimant’s new line manager and the other a client of LCA, that by doing this the Claimant was in breach of her contract of employment with LCA. In fact, there was no term of that contract (as the owner of LCA knew) which prohibited the claimant from soliciting business from LCA’s clients.
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Thinking - Blog
The Model Anti-SLAPP Law: an overview
Following the Government's response to the SLAPP consultation in the summer, the UK Anti-SLAPP coalition (a working group that includes English PEN, the Foreign Policy Centre and Index on Censorship, "the Coalition") has this week published a model Anti-SLAPP law, which has been endorsed by a collection of free speech and anti-corruption organisations, journalists, editors and lawyers.
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Thinking - Blog
How will the "Genny lec" impact the world of cyber and tech?
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
Fines for PDPA Breaches: How Clear is the Crystal Ball?
The Singapore Personal Data Protection Commission ("PDPC") has recently issued a number of new enforcement decisions.
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Press and Media
Cybersecurity breaches at financial services firms more than trebles
Cybersecurity breaches reported by financial service providers rose from 187 in 2021/22 to 640 in 2022/23 UK pension schemes report the biggest increase, 4,000%, in data breach reports to the ICO
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Thinking - Blog
FCA consults on new reporting obligations for (i) incidents and (ii) third party arrangements
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 - Snapshot
EU publishes draft Code for general-purpose AI models
What measures are proposed by the EU AI Office to regulate general-purpose AI (GPAI) models?
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Thinking - Snapshot
Ofcom rolls out implementation phases for compliance with the Online Safety Act
What is Ofcom’s timeframe for implementation of the Online Safety Act (OSA) and what actions will in-scope services need to take to ensure compliance?
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Thinking - Snapshot
New Safer Phones Bill aims at “making social media less addictive” for young people
How does the Safer Phones Bill intend to protect young people online?
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Thinking - Snapshot
Two years on from the Digital Services Act
How has the European Commission (Commission) enforced the Digital Services Act (DSA) since its inception?
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Thinking - Snapshot
UK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot
What is the AI and Digital Hub and how can AI innovators use it?
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Thinking - Snapshot
EU designates Apple a gatekeeper for iPadOS but not for iMessage
Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?
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Thinking - Snapshot
Online Safety Act: Ofcom consults on draft codes to protect children online
What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?
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Thinking - Snapshot
What in the AI is going on… April to June 2024
Meta launched its newest generation of its open-source LLM (large language model), Llama 3, which is the technology that powers its AI systems. The launch of Llama 3 signals a step closer to human-like AI that can reason and bestow a memory. OpenAI also discussed plans for its next AI model, GPT-5. Like Llama 3, GPT-5 will see improvements to the model’s planning and reasoning capabilities, going beyond its current capability to deal with discrete tasks. GPT-5 is expected to be released later in the year.
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Thinking - Snapshot
EU AI Act is signed!
What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?
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Thinking - Snapshot
CMA publishes update paper on AI Foundation Models
What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?
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Thinking - Snapshot
New EU guidelines on mitigating risks for electoral
What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?
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Thinking - Blog
AI in auditing: Embracing a new age for the profession
Artificial Intelligence (AI) is a rather new concept for many (ignoring those versed in 80’s Sci-Fi movies); it’s something many don’t know much about and certainly don’t use in our day-to-day lives (or at least appreciate we are using). However, that’s not the case for everyone. Auditors have long been reaping the benefits of AI, but are auditors just scratching the surface of what AI can offer and what impact will an increased use have on their insurance requirements and claims they face?
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Thinking - Blog
The November 2023 AI safety summit and the UK's direction of travel
The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.
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Thinking - Blog
Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)
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)
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)
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 - Blog
Major overhaul of UK telecoms regulation to go ahead by the end of December 2020
The UK still pushing ahead with implementing wide ranging European regulatory changes, but obligations for many "over the top" providers are likely to be postponed.
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Press and Media
RPC Premier Law recognised across six areas in The Legal 500 Asia-Pacific 2025
RPC, a law firm deeply invested in client ambitions and commercial success, is proud to be recognised once again in The Legal 500 Asia-Pacific 2025 guide for Singapore, securing a host of new and improved rankings for 2025.
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Press and Media
Chambers Asia Pacific recommends RPC Premier Law in three categories
RPC Premier Law has maintained its rankings as a top firm in Band 1 for Insurance and Band 4 for Shipping: International: Litigation.
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Press and Media
Chambers Asia Pacific recommends RPC Premier Law in three categories
Chambers Asia Pacific recommends RPC Premier Law in three categories, with a new ranking for Corporate/M&A: Domestic in its recently published 2024 edition.
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Thinking - Blog
Crypto: issues for solicitors and their PI insurers
We explore the types of work lawyers are doing in this area, the risks this work may give rise to and issues for solicitors and their PI insurers to consider.
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Profile
Thinking - Blog
Is an insurer responsible for 'the same damage' as its insured?
Same Damage and Third Party Rights: unpacking Riedweg v HCC and the 2010 Act
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Thinking - Blog
The new Lithium-Ion Battery Safety Bill: where are we with legislation governing lithium-ion battery safety?
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.
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Thinking - Blog
ClientEarth challenges claims made by BlackRock in its sustainable funds
Not only are regulators clamping down on greenwashing but, as previously highlighted, ClientEarth, a non-profit international environmental law organisation, also has this issue squarely in its sights.
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Thinking - Blog
Uncertainty around the mandatory reimbursement cap for APP frauds – a new headache for FI firms and their insurers?
New regulations coming on 7 October 2024 will force payment firms to reimburse victims of authorised push payment (APP) fraud up to a set limit. On 4 September 2024, the Payment Systems Regulator (PSR) announced a consultation proposing to set this limit at £85,000, vastly reduced from the previously proposed £415,000 cap. This is a potential headache for insurers as the level of the cap will impact assessment of risk and apportionment of liability between sending and receiving payment firms – and the industry will only have 7 days to prepare.
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Thinking - Blog
Further welcome news from the FCA – this time on co-manufacturing
Following on from our earlier blog, our review of the FCA's 'Discussion Paper' (DP24/1) continues, this time considering the rules relating to co-manufacturers of insurance products.
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Thinking - Blog
Potential deregulation and a pragmatic approach to commercial insurance – welcome news from the FCA
The FCA has published a 'Discussion Paper' (DP24/1) seeking feedback on its rules on commercial insurance including in respect of the types of commercial customers in-scope, co-manufacturing of products and bespoke insurance products.
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Thinking - Publication
New Labour government – what is in store for the UK?
We have a new Labour Party government for the first time in 14 years. The new government has already made various announcements, with more set to follow in the coming days, and then we have the King’s Speech on 17 July, when the Labour Party will set out its opening legislative agenda – but what can we expect from the new government impacting services regulated by the Financial Conduct Authority, pensions and accountants?
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Thinking - Blog
The Terminator: A Tale of Two Insurance Claims
It is 2029, and the Machines are losing their war with Humanity. What to do?
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Thinking - Blog
Project Angel Bidco v AXIS - what are the key takeaways for warranty and indemnity insurers?
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.
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Thinking - Blog
Wordings do matter
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.
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Thinking - Blog
Storm Babet, flooding and the insurance implications
Subtropical cyclone Storm Babet is currently responsible for over 350 flood warnings in the UK, with more flood warnings expected later this week.
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