Inside disputes

Financial crime investigations in the UK: Looking ahead to 2023

Financial crime investigations in the UK: Looking ahead to 2023

As we enter a recession against the backdrop of ongoing geopolitical instability, we expect to see significant financial crime enforcement and investigations in 2023, including a focus on emerging areas such as ESG, cryptocurrencies, and significant developments in financial sanctions.

Articles | December 20, 2022

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Can a director be liable for a tortious act of the company?

Can a director be liable for a tortious act of the company?

In Barclay-Watt v Alpha Panareti Public Ltd [2022] EWCA Civ 1169, the Court of Appeal has held that a director was not liable as an accessory to a company’s negligent advice.

Articles | December 14, 2022

Capital markets
Economic Crime and Corporate Transparency Bill

Economic Crime and Corporate Transparency Bill

Members of our Disputes and Regulation and Investigations teams have written an article discussing the new Economic Crime and Corporate Transparency Bill that is currently progressing through Parliament.

Articles | December 08, 2022

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High Court assists alleged victim of crypto-theft to seek recovery

High Court assists alleged victim of crypto-theft to seek recovery

In LMN v Bitflyer Holdings Inc and others [2022] EWHC 2954 (Comm), the High Court granted powerful ‘information orders’ under the court’s Norwich Pharmacal and Bankers Trust jurisdiction against cryptocurrency exchanges that are competitors to the claimant-applicant LMN.

Articles | December 02, 2022

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Help for fraud claims: Service out of third party information orders

Help for fraud claims: Service out of third party information orders

The expansion of the ‘jurisdictional gateways’ in CPR Practice Direction 6B, which took effect on 1 October 2022, includes the introduction of a new gateway 25 allowing service of third-party information orders outside of the jurisdiction.

Articles | November 29, 2022

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Sovereign state immunity from anti-suit injunctions

Sovereign state immunity from anti-suit injunctions

UK P&I Club N.V. & Anor v Republica Bolivariana De Venezuela [2022] EWHC 1655 (Comm) provides guidance on the factors the English courts will consider when deciding whether a state should benefit from state immunity and whether injunctive relief can be granted against a state.

Articles | November 22, 2022

Sovereign disputes
Can a notice sent pursuant to an ISDA Master Agreement be valid if it is inaccurate?

Can a notice sent pursuant to an ISDA Master Agreement be valid if it is inaccurate?

Macquarie Bank Ltd v Phelan Energy Group Ltd [2022] EWHC 2616 (Comm) is the first English High Court judgment which directly considers the requirements for a notice of Failure to Pay under Section 5(a)(i) of the 2002 ISDA Master Agreement to be valid.

Articles | November 16, 2022

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Service of claim by email invalid if recipient provided multiple email addresses

Service of claim by email invalid if recipient provided multiple email addresses

The Court held that service of a claim form by email is valid only if the recipient nominates a single email address rather than multiple addresses.

Articles | November 14, 2022

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Be careful what you promise: The Court's approach to an alleged oral contract

Be careful what you promise: The Court's approach to an alleged oral contract

In Christie v Canaccord Genuity Ltd [2022] EWHC 1130 (QB), the High Court has dismissed a claim brought by a former employee for a £1 million “retention award” based on an alleged oral contract.

Articles | November 10, 2022

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