Inside disputes

The customer comes first: Privy Council rules out duties owed by banks to third parties

The Privy Council finds that a bank does not owe a duty to the known beneficial owners of funds who are not customers of the bank.

Articles | June 10, 2022

Fraud

Collapse of another algorithmic stablecoin highlights litigation risks for investors

A discussion of potential causes of action that may arise from both algorithmic and traditional asset-backed stablecoins and sets out the risk factors associated with litigation involving blockchain technology.

Articles | May 30, 2022

FinTech

Express words are required in exclusion clauses to exclude claims for wasted expenditure

A summary of the Court of Appeal’s decision and the consequent drafting considerations

Articles | May 29, 2022

Contractual interpretation

Does service of an unsealed claim form amount to good service

The Court of Appeal sets out the steps parties should take to ensure service

Articles | May 24, 2022

Procedural

Back to the future: Forum non conveniens and Spiliada after Brexit

The High Court declines an application for a permanent stay of proceedings on the grounds that the English courts are an inappropriate jurisdiction to hear a claim in light of connections to Cyprus.

Articles | May 16, 2022

Brexit

Latest trends in English banking litigation: Duration and resolution of claims

The latest post in our series covers the recent trends in the duration and resolution of English banking litigation, including an analysis of whether fraud cases are more or less likely to settle

Articles | May 09, 2022

Fraud

Law Commission proposal on electronic trade documents

Law Commission proposal on e-trade documents: New era for trade finance

A significant demonstration of their approach to new technology and a new era for trade finance

Articles | May 03, 2022

Commodities

Smart legal contracts on the FinTech Pulse podcast

Adam Sanitt and Jonathan Hawkins joined this month’s episode of our firm’s FinTech Pulse podcast to discuss how a recent investigation by the UK law commission into how the current law of contract applies to smart legal contracts.

Articles | April 14, 2022

FinTech

Privy Council warns against issue arising from hybrid arbitration clauses

The Privy Council has upheld the Supreme Court of Mauritius’s refusal to set aside an arbitral award. The report highlights the necessity for clear drafting and the complexities associated with the use of hybrid arbitration clauses.

Articles | April 07, 2022