News & Analysis as of

Liability United Kingdom

Ankura

Mediation and Early Settlement of Disputes – The Expert’s Role

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The early settlement of disputes and mediation was a recurring topic throughout London International Disputes Week (LIDW). Featured on several panel discussions and raised in Q&A, this topic brought into sharp focus the role...more

Paul Hastings LLP

The Legal 500’s Restructuring & Insolvency Comparative Guide

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Our London Financial Restructuring team authored the UK chapter of the 8th Edition of The Legal 500’s “Restructuring & Insolvency Comparative Guide". The guide provides information on the current issues affecting...more

Array

This Week in eDiscovery: EDRM Guidelines for GDPR Compliance, What Information is Enough for a Privilege Log, and More

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 1-7. Here’s what’s...more

A&O Shearman

Limitation of liability under the microscope

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The High Court has held a limitation clause in a research agreement would be effective to limit liability for dishonesty, though not fraudulent misrepresentation. Research paper errors give rise to dispute - Innovate...more

Dechert LLP

UK Government Proceeds with Comprehensive Regulatory Regime for Cryptoassets

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The definition of a “cryptoasset” is unchanged from the February Consultation. The cryptoasset activities that will come into scope of the new regime are unchanged from those in the February Consultation, with amendments...more

Latham & Watkins LLP

UK Introduces Write-Down Procedure for Insurers’ Policyholder Liabilities

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FSMA 2023 includes a court procedure for failing insurers to temporarily write-down liabilities, with implications for counterparties. The recently passed Financial Services and Markets Act 2023 (FSMA 2023) provides for a...more

Skadden, Arps, Slate, Meagher & Flom LLP

What the UK PRA’s Scrutiny of Funded Reinsurance for UK Bulk Purchase Annuity Market Could Mean for Deals

The bulk purchase annuity (BPA) market — whereby UK defined-benefit pension schemes offload liabilities and assets to specialised life insurance carriers — continues to expand. Industry estimates predict that the UK life...more

Dechert LLP

UK Court Rules Debtor Cannot Use Corporate Vehicle to Evade Liability

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Section 423 of the Insolvency Act 1986 allows for the reversal of certain transactions at an undervalue that are intended to prejudice the interests of creditors. The scope of Section 423 is extensive and may be used to...more

King & Spalding

Upcoming Reforms to Corporate Criminal Liability in the UK

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Traditionally in UK law, in order to hold a company criminally liable, enforcement authorities must prove wrongdoing by a senior person representing the company’s “controlling mind and will.” Through this “identification...more

Conyers

Sun Vessel Global Limited v HQ Aviation Limited and Great Lakes Insurance (UK) SE

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Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023 - Section 404 of the BVI Merchant Shipping Act, 2001- Pre-Judgment...more

Dechert LLP

Sanctions Enforcement: Lessons Learned from 2022 and How to Prepare Going Forward

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In 2022, the US, UK and EU all escalated their sanctions enforcement rhetoric. For example, senior US enforcement officials went so far as to describe sanctions as “the new FCPA” (referring to the US. Foreign Corrupt...more

Dechert LLP

Houst Limited Restructuring Plan: High Court Sanctions SME Restructuring Plan to Cram Down HMRC

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On 22 July 2022, the English High Court sanctioned Houst Limited’s (“Houst” or the “Company”) restructuring plan (the “Restructuring Plan”), which significantly, is the first time a Restructuring Plan has been used to cram...more

Dechert LLP

Fraudulent Payments: The English Court Provides Much Needed Clarity and Comfort For Financial Institutions Processing Payments

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The English court has recently provided some much needed clarity on when banks and other financial institutions may be put on inquiry that a payment instruction is an attempt to misappropriate the payor’s funds, and so should...more

White & Case LLP

High Court: Recipient bank not unjustly enriched by fraudulent payment

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In Tecnimont Arabia Limited v National Westminster Bank plc, the High Court considered the extent of a bank's liability to victims of fraud who were not direct customers. The High Court found that the bank had not been...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

McDermott Will & Emery

The New German Supply Chain Due Diligence Act (With a View Across the Border)

McDermott Will & Emery on

On 11 June 2021, the German Federal Parliament approved the draft bill on corporate due diligence in supply chains (Supply Chain Due Diligence Act), which was approved by the German Federal Council without any changes on 25...more

Goodwin

UK Supreme Court Decision On Parent Company Liability For Actions Of Subsidiary

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In February 2021, the UK Supreme Court handed down its judgment in Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3. The decision clarifies the position in relation to the liability of UK parent companies...more

Alston & Bird

Corporate Legal Liability for Breach of Environmental, Social & Governance Responsibilities: Recent Developments in the UK and...

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In the UK, even a foreign subsidiary must take a company’s environmental, social, and governance (ESG) responsibilities seriously. Our Litigation Group examines a UK Supreme Court decision that could bring more claims against...more

Mayer Brown

Okpabi and others v Royal Dutch Shell plc and another - UK Supreme Court provides further clarification on parent company...

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The UK Supreme Court has handed down its judgment in the case of Okpabi and others v Royal Dutch Shell Plc and another....more

Hogan Lovells

Okpabi decision: Supreme Court shows the difficulty UK domiciled parent companies have avoiding foreign claimants suing in England

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In Okpabi & Others v Royal Dutch Shell & Another the Supreme Court has applied the principles around parent company liability it set out in Lungowe v Vedanta Resources Plc, to hold that a claim against an English domiciled...more

Hogan Lovells

Ten CIL lessons 2020

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We are now – thankfully – firmly out of 2020 and in the hands of 2021. Although reviewing the past year may not initially seem an appealing prospect, it is nonetheless a worthwhile one. ...more

Orrick - Finance 20/20

UK: Breathing Space Scheme Regulations

A draft of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the “Regulations”) was published on July 15, with a view to implementing the scheme in...more

Hogan Lovells

Urban exploration: a trend that’s going through the roof

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From abandoned tube stations and former WW2 bunkers to cranes and skyscrapers, it seems barely a week goes by without a news story (or Instagram post) appearing showing an urban explorer in an area once thought of as...more

Hogan Lovells

Liability regulation of online platforms in the UK

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The UK's diverse ecology of online platforms is a key growth engine for the UK economy and society. It enables knowledge discovery, sales, social and economic interaction and the sharing and distribution of content. ...more

Latham & Watkins LLP

Shareholder Liability a Cause for Concern for Private Equity Firms

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The global regulatory environment has become increasingly challenging for private equity in recent years. In our view, this trend will continue as politicians in the UK and elsewhere seek new tools to hold business...more

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