Archive: October 2023

Discussing the Economic Crime and Corporate Transparency Act 2023, featuring the new failure to prevent fraud offence, which received Royal Assent on 26 October 2023.

A quarter of a century since the Woolf Reforms introduced ADR, this article considers where the courts are now, and how businesses' strategies need to adapt.

Our investigations and white-collar crime team have commented on the next round of consideration of the new failure to prevent fraud offence, proposed as part of the Economic Crime and Corporate Transparency Bill.

Court of Appeal overturned the High Court’s decision in Smith v Blackhouse refusing to accept certain undertakings in a settlement agreement as undertakings to the Court because they were too wide and uncertain.

Injunctive relief may only be granted in support of foreign proceedings if the claimant establishes that the DIFC Courts have jurisdiction over the respondent under a statutory gateway. If that is established, relief should be granted on established discretionary principles.

Court of Appeal clarified that the tests for relief from sanctions set out in Denton v TH White Ltd [2014] EWCA Civ 906 (Denton) also apply to an application to set aside default judgment.

The role of AI in litigation is receiving increasing focus. In this briefing, we take a quick look at some ways in which AI is already used in the conduct of litigation and how it will be used in the future.