Inside disputes

Group action dismissed: Barrister owed no duty of care to investors in film finance schemes

Group action dismissed: Barrister owed no duty of care to investors in film finance schemes

In McClean and others v Andrew Thornhill QC [2019] EWCH 3514 (ch), the High Court dismissed a £40m claim brought by investors in film finance tax schemes. Zacaroli J held that Andrew Thornhill QC owed no duty of care to investors and his advice in relation to the schemes was not negligent. The judgment includes helpful guidance on the duty of care owed by professional advisers and the application of both limitation periods. The case will be of particular interest to professional indemnity insurers, litigation funders and parties in various other film finance claims.

Articles | April 01, 2022

Group action litigation
High Court rejects claim blockchain developers owe duties to users

High Court rejects claim blockchain developers owe duties to users

The latest instalment in the Tulip Trading v Bitcoin Association litigation has been greeted with relief by many in the blockchain community, after the High Court threw out a claim that bitcoin developers (including several bitcoin forks) owed a duty of care or a fiduciary duty to an alleged owner of bitcoin. But the Court did not rule out duties being owed in other circumstances – distributed ledger technology developers, miners and users should all beware that the risk of unexpected liability has not been completely eliminated.

Articles | March 31, 2022

FinTech
Quincecare duty can extend to authorised push payment fraud

Quincecare duty can extend to authorised push payment fraud

The Court of Appeal held that the duty can apply in principle where an individual gives the bank a payment instruction relating to their own account.

Articles | March 25, 2022

Fraud
Spotting and managing litigation risk in DeFi

Spotting and managing litigation risk in DeFi

As published in the International Journal of Blockchain Law, our New York and London Commercial Disputes teams have collaborated to consider how you can spot and manage litigation risk in DeFi.

Articles | March 22, 2022

FinTech
Disputes risks in financial transactions arising from the new financial sanctions regime

Disputes risks in financial transactions arising from the new financial sanctions regime

Potential areas for dispute in financial transactions arising in connection with the new sanctions regimes imposed following the Russian invasion of Ukraine.

Articles | March 17, 2022

Governing law and jurisdiction
Group litigation: Conflicting first instance decisions on adding claimants prior to service

Group litigation: Conflicting first instance decisions on adding claimants prior to service

There are now conflicting High Court authorities on whether additional claimants can be added to group or multi-party litigation without permission under CPR 17.1

Articles | March 11, 2022

Group action litigation
The Supreme Court clarifies the tort gateway for service out

The Supreme Court clarifies the tort gateway for service out

The Supreme Court confirms a broad interpretation of the tort gateway for jurisdiction over foreign defendants creating more opportunity for claimants to bring proceedings in England

Articles | March 07, 2022

Governing law and jurisdiction
The High Court considers whether security for costs can be provided in cryptocurrency

The High Court considers whether security for costs can be provided in cryptocurrency

While the High Court declined to order security in bitcoin, the decision leaves the door open to future applications.

Articles | March 01, 2022

Cryptoassets
Premium protection: The disclosure of funding arrangements

Premium protection: The disclosure of funding arrangements

The CAT has refused to order the disclosure of a Proposed Class Representative’s ATE insurance premia

Articles | February 18, 2022

Group action litigation