Allen & Overy LLP

Costs of third-party funding awarded in arbitration

The Commercial Court has stated that it is within an arbitral tribunal’s discretion to award to a claimant its costs of third-party funding, including the uplift payable by the claimant in the event of success. This decision is…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Further expansion of corporate criminal liability

With the publication of the draft Criminal Finances Bill 2016-2017 on 13 October 2016, businesses have been put on notice of what stands to be the largest expansion of UK corporate criminal liability since the Bribery Act 2010…more
| Business Organizations, Criminal Law, Finance & Banking

Data subject access request cannot be used to circumvent CPR disclosure regime

Where a data subject access request (DSAR) is made relating to "mixed data" (ie data within a document containing the data of individuals other than the data subject) there must be a careful balancing exercise between the…more
| Civil Procedure, Privacy, Science, Computers, & Technology

Assessment of damages under a cross-undertaking

The enforcement of a cross-undertaking in damages, provided by a claimant in order to obtain a freezing injunction against a defendant, can mean a substantial liability for a claimant. This ruling illustrates that damages under…more
| Civil Procedure, Finance & Banking

Abandoning Bolam: a new standard for advising on investment risk

There has been a change in how the court will assess whether a financial advisor has used reasonable care and skill when giving investment advice. Following Supreme Court case law in the medical negligence field, Kerr J…more
| Civil Procedure, Finance & Banking

Foreign request for legal assistance disclosable

The appellant companies successfully sought inspection of a mutual legal assistance request from the U.S. Department of Justice to the National Crime Agency (NCA) to obtain a prohibition order from an English court on the basis…more
| Civil Procedure, International Law & Trade

The U.S. Department of the Treasury, Office of Foreign Assets Control Ends Its ‘Burma Sanctions Program’

On 7 October 2016, the United States Department of the Treasury, Office of Foreign Assets Control (OFAC) ended all economic and financial sanctions with respect to Myanmar (referred to by OFAC as Burma). The move had been…more
| International Law & Trade

US Class Actions Filed In Wake Of Yahoo Hack Disclosure

As has been widely reported, Yahoo announced on September 22, 2016 that it had suffered a hack in 2014 that compromised customer information relating to 500 million user accounts, approximately half of all accounts Yahoo…more
| Civil Procedure, Privacy, Science, Computers, & Technology

Virtual Reality: The Expected Future Ubiquity Of Consumer Virtual Reality Equipment And Consequent Legal And Regulatory Challenges

In this paper we consider how a new generation of virtual reality headsets promises to fundamentally change consumer experiences of virtual environments, and we raise some of the major legal and regulatory challenges that…more
| Privacy, Intellectual Property, Science, Computers, & Technology

The Luxembourg indirect tax administration confirms the VAT treatment of director fees

On 30 September 2016, the Luxembourg indirect tax administration (LTA) issued a circular n°781 confirming that director fees are subject to VAT (the Circular). As reported in our previous e-alert on this matter circulated in…more
| Business Organizations, Finance & Banking, International Law & Trade, Taxation

The European Central Bank’s September 2016 Public Consultation On “Draft Guidance To Banks On Non-Performing Loans”

After months of positioning by various EU, Banking Union and ECB policymakers across a range of speeches, interviews, articles as well as position papers, each calling for collective steps to be taken to tackle impaired assets,…more
| Finance & Banking, International Law & Trade

The new market abuse regime: a long road for financial institutions to navigate

On 3 July 2016, the Market Abuse Regulation (596/2014/EU) (MAR) came into force. Even though guidance and clarity from the European Securities and Markets Authority is still awaited in relation to certain key aspects of MAR,…more

New regulation for biomass and biogas power projects in Indonesia (MEMR Regulation 21 of 2016)

Shortly after the issuance of a new regulation for the development of solar power projects in Indonesia, the Government of Indonesia is now introducing a new regulation on the purchase of electricity by PLN from biomass and…more
| Energy & Utilities, International Law & Trade

No implied duty of good faith in termination clause

In Monde Petroleum SA v Westernzagros Ltd [2016] EWHC 1472 (Comm) the High Court ruled that there was no implied term in a commercial contract that a party would not terminate in bad faith. There was no indication that the…more
| Civil Procedure, Commercial Law & Contracts

Place your bets: contract, restitution and illegality

The Supreme Court ruled that the “illegality defence” would not prevent restitution of money which had been paid as part of an attempted crime which was never carried out. The majority in Patel v Mirza [2016] UKSC 42, identified…more
| Civil Procedure, Commercial Law & Contracts
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