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Thinking - Blog

Shell directors facing potential UK ESG shareholder derivative lawsuit

Published on 18 Mar 2022. By James Wickes, Partner

In the wake of COP26, more focus than ever is being given to the climate risks which apply to every aspect of business. Scrutiny of a company's climate awareness and adherence to applicable regulation is at the forefront of minds of companies' stakeholders.

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Thinking - Blog

Acceptable levels of consumer harm – the FCA seek guidance in balancing risk with reward

Published on 30 Jan 2025. By Damien O'Malley, Associate

The chief executive of the Financial Conduct Authority (FCA), Nikhil Rathi, has called for the UK government to define an 'acceptable level of consumer harm' in response to the government's demand for reduced regulations.

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Thinking - Blog

An update to the FCA's "polluter pays" framework – accountability for harm caused to consumers.

Published on 16 Jan 2025. By Faheem Pervez, Senior Associate

The Financial Conduct Authority (the FCA) has issued updated guidance on its "polluter pays" framework. In an update published on 14 January 2025, the FCA provided further information on the framework, which could lead to firms compensating consumers when they provide poor advice, products or services.

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Thinking - Blog

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

Published on 24 Feb 2023. By Poppy Hay, Senior 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.

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