The U.K. Supreme Court has recently clarified the English courts’ power under Section 9 of the Arbitration Act 1996 (“Section 9”) to stay proceedings which are properly the subject of an arbitration agreement....more
Over a year has now passed since Russia invaded Ukraine, and the U.S., the EU and its member states, the U.K., and many others—including Japan, Australia, New Zealand, Taiwan and Canada—continue to exert pressure on Russia...more
In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more
Authorised push payment (“APP”) fraud allegations involve a third-party bad actor fraudulently inducing a bank customer to give authorised instructions to their bank to make a payment to the third-party (or someone connected...more
The Court of First Instance in Hong Kong has adopted the English law principles for determining the governing law of dispute resolution clauses, such as arbitration clauses, in a recent judgment (China Railway v Chung Kin...more
The High Court has once again grappled with novel issues raised by disputes concerning cryptoassets, this time in the context of an interim application for information orders....more
12/15/2022
/ Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Cyber Crimes ,
Cybersecurity ,
Digital Assets ,
Financial Transactions ,
Investment Management ,
Investors ,
Popular ,
UK ,
UK Cryptoassets Taskforce
In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more
The English law concerning contractual duties of good faith (express and implied) has received considerable judicial attention in recent years. It will therefore be of interest to those who use English law contracts,...more
11/7/2022
/ Board of Directors ,
Breach of Contract ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Corporate Counsel ,
Corporate Officers ,
Good Faith ,
Shareholder Litigation ,
Shareholders ,
UK
UK Supreme Court gives important judgment on directors’ “creditor duty” The UK Supreme Court in BTI 2014 LLC v Sequana SA and ors [2022] UKSC 25 has given an important judgment clarifying the nature of the so-called “creditor...more
10/7/2022
/ Board of Directors ,
Commercial Bankruptcy ,
Creditors ,
Debt Financing ,
Debt Restructuring ,
Dischargeable Debts ,
Insolvency ,
Shareholders ,
UK ,
UK Insolvency Act ,
UK Supreme Court
Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others—including Japan, Australia, New Zealand, Taiwan and Canada—have imposed sweeping...more
8/11/2022
/ Asset Freeze ,
Belarus ,
Blocking Sanctions ,
Cryptocurrency ,
Economic Sanctions ,
EU ,
Export Controls ,
Financial Institutions ,
Financial Transactions ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Technology Sector ,
Trade Relations ,
Trade Suspensions ,
U.S. Commerce Department ,
UK ,
Ukraine
The so-called ‘Quincecare duty’ has received heightened attention in the English courts in recent years. The duty requires a bank not to execute a customer’s payment instructions where, and for so long as, the bank has...more
Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others — including Japan, Australia, New Zealand, Taiwan and Canada — have imposed...more
4/28/2022
/ Australia ,
Canada ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Foreign Relations ,
Japan ,
Military Conflict ,
New Zealand ,
Popular ,
Russia ,
Sanctions ,
Taiwan ,
UK ,
Ukraine ,
Vladimir Putin
Since late February 2022, the United States (U.S.), the European Union (EU) and its member states, the United Kingdom (U.K.), and many others—including Japan, Australia, New Zealand, Taiwan and Canada—have imposed sweeping...more
3/23/2022
/ Biden Administration ,
Canada ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanctions ,
UK ,
Ukraine
Over the past week, the United States, the European Union and its member states, the United Kingdom, and several other countries have imposed rounds of sweeping new sanctions on Russia in response to its invasion of Ukraine....more
3/1/2022
/ Biden Administration ,
Canada ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Sanctions ,
UK ,
Ukraine
The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to strike out an off-setting defence to a competition damages claim. It is an important...more
Welcome to the second edition of the UK Litigation Review—an annual publication focused on outcomes, trends and developments in civil litigation over the past year of relevance to both practitioners and clients.
This...more
The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more
This is the first edition of UK Litigation Review—an annual publication focused on outcomes, trends and developments in civil litigation over the past year of relevance to both practitioners and clients.
This publication...more
The Supreme Court has given judgment in the case of Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, giving important guidance on the determination of the proper law of an arbitration agreement and...more
The English Court of Appeal has granted an anti-suit injunction in favour of our client ENKA Insaat ve Sanayi AS restraining an entity in the Chubb insurance group from pursuing proceedings commenced in the Russian courts in...more
In a judgment handed down this week, The Civil Aviation Authority v Jet2.Com Ltd [2020] EWCA Civ 35, the Court of Appeal has given important new guidance on a number of issues that arise as to the scope of Legal Advice...more