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Third Parties (Rights Against Insurers) Act 2010 Comes Into Effect Soon

After years of delay, on 1 August 2016, the Third Parties (Rights against Insurers) Act 2010 will be brought into force in the United Kingdom, making it easier for a party with a claim against an insolvent business to bring...more

Potential Impact of ‘Brexit’ on Arbitration

As we stand only weeks away from the United Kingdom’s referendum on a potential cleaving from the European Union, economists and politicians are busy analyzing the potential effects of either decision; there are also...more

Potential Commercial Litigation Consequences of 'Brexit'

With the referendum for Britain potentially leaving the European Union (“Brexit”) fast approaching on 23 June 2016, a “leave” vote could have far-reaching consequences for commercial litigation in the courts of England and...more

English High Court Rejects Challenge to Arbitral Award on Basis of Apparent Bias

A recent case raised an interesting issue regarding the relationship between English law, which suggested there was no apparent bias, and the International Bar Association Guidelines on Conflicts of Interest in International...more

Insurance Act 2015 Reforms - What Does It Mean For Policyholders?

The far-reaching reforms affect any business using insurance and go into effect August 2016. The Insurance Act 2015 (the Act) will come into force 12 August 2016. The Act introduces a raft of changes and will be relevant...more

English High Court Holds Litigation Funders Liable for Indemnity Costs

The court’s decision will have wider significance for litigation funders, parties seeking funding, and their opponents. On 23 October, the English High Court handed down its judgment in Excalibur Ventures LLC v Texas...more

UK Deferred Prosecution Agreements Code of Practice Published

The Serious Fraud Office has issued a code of practice for deferred prosecution agreements, which are now available as an alternative to conviction for certain white-collar offences in the UK. ...more

UK’s Serious Fraud Office Looks to Pursue More Prosecutions of Corporates

A proposed amendment to the UK Bribery Act would give the SFO greater power to prosecute corporates for financial crimes committed by their employees. The head of the UK’s Serious Fraud Office (SFO), David Green,...more

UK SFO Drops High-Profile Corruption Case

The trial of Victor Dahdaleh in London has collapsed due to the absence of key prosecution witnesses. The UK’s Serious Fraud Office (SFO) recently dropped its case against Victor Dahdaleh, the British-Canadian...more

UK FCA Issues First Fine Under New Anti-Money Laundering Regime

Financial Conduct Authority fines Standard Bank £7.6 million for failures in its anti-money laundering controls, underlining the importance of both having and implementing adequate policies in relation to money laundering....more

English Law Commission Moves Forward with Review of Insurance Law

Newly published draft clauses include proposed changes to the current law, but disputes may arise. The latest step in the English Law Commission’s review of insurance law was announced on 28 January, with the Law...more

UK Government Steps Up Antibribery Enforcement

Recent actions by the Serious Fraud Office and Financial Conduct Authority indicate an increased focus on addressing allegations of bribery and corruption. It is clear that, in the wake of the Bribery Act 2010, the UK...more

Deferred Prosecution Agreements to Be Introduced in the UK

Beginning in February 2014, the agreements may be used as a sentencing tool for corporate bribery, fraud, and other economic crimes. Under the UK Crime and Courts Act 2013, which received royal assent in April,...more

UK High Court Clarifies Scope of Directors’ Duties

Court holds that directors may legitimately defer to the views of fellow directors if persuaded that the views are in the best interests of the company. On 18 October, in Madoff Securities International Limited (In...more

UK High Court Revisits Issue of Where a Contract Is Formed

Court confirms that, in certain circumstances, a contract can be made in two jurisdictions. On 7 October 2013, in Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, [2013] EWHC 2968 (Ch), the High Court of...more

UK Government Announces Changes to Bribery Regime

Recent strategy paper sets out a new institutional structure for investigating bribery and proposes a reporting mechanism carrying financial incentives for whistleblowers. On 7 October, as part of its strategy document...more

UK Supreme Court Clarifies Power to Restrain Foreign Proceedings

Court holds that English courts may grant an anti-suit injunction when foreign proceedings are brought in violation of an English law arbitration agreement, even where no arbitration is contemplated or underway....more

Rubin: Enforcement of US Judgments in England

UK Supreme Court decision confirms traditional rules on enforcement of all US judgments in England and reverses a significant liberalisation of cross-border bankruptcy law....more

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