Inside disputes

What sort of property is a cryptoasset?

The category of property into which cryptoassets are placed has wide implications in areas such as insolvency, security and tax. Two rival schools of thought have developed and the ongoing confusion has led to legal uncertainty.

Articles | March 09, 2021

Cryptoassets

A lifeline for damages-based agreements?

In Lexlaw Ltd v Zuberi [2021] EWCA Civ 16, the Court of Appeal unanimously ruled that Damages Based Agreement (DBA) regulations do not prevent early termination payments being made to solicitors.

Articles | March 05, 2021

Group action litigation

UN Report on Climate Litigation Released

In January, the United Nations Environment Programme (UNEP) published a summary of the status and trends in climate change litigation, in cooperation with the Sabin Center for Climate Change Law titled, ‘Global Climate Litigation Report: 2020 Status Review’ (the UNEP Report).

Articles | March 05, 2021

Environmental and social governance

“No guarantees but I promise to try” – what do endeavours obligations mean?

“Endeavours obligations” have been in the international spotlight recently. A clause requiring supply on a “best reasonable efforts” basis in the contract between the EU and a COVID-19 vaccine manufacturer was central to the parties’ recent impasse over what vaccine supply had been agreed between them.

Articles | March 02, 2021

Contractual interpretation

Picking up the COVID tab: Who carries the burden of changes in law?

In response to the Covid-19 pandemic, governments continue to introduce guidelines and legislation which significantly impact on revenue streams in all sectors.

Articles | March 01, 2021

Contractual interpretation

“Unambiguous impropriety” exception to without prejudice privilege

In Motorola Solutions Inc and another v Hytera Communications Corp Ltd [2021] EWCA, the Court of Appeal overturned a $345m freezing injunction which it held was based on inadmissible statements made during without prejudice (WP) settlement meetings.

Articles | February 26, 2021

Fraud

Cross-undertakings for security for costs and litigation funders

In a shift from a line of first instance decisions, the recent Court of Appeal decision in Rowe & Ors v Ingenious Media Holdings PLC & Ors [2021] EWCA Civ 29 (Rowe) has narrowed the circumstances in which a defendant may be required to provide cross-undertakings in damages as a condition of an order for security for costs to “rare and exceptional” cases.

Articles | February 18, 2021

Group action litigation

What does “fair value” mean in the context of a forced buy-out?

In the recent case of Re Euro Accessories Ltd [2021] EWHC 47 (Ch), the company’s majority shareholder, Mr Gilsenan, had amended the company’s articles of association to enable him to purchase the shares held by the minority shareholder (Mr Monaghan) at “fair value”.

Articles | February 11, 2021

Contractual interpretation

P.R.I.M.E Finance begins public consultation on draft revised Arbitration Rules

The Panel of Recognised International Markets Experts in Finance (P.R.I.M.E. Finance) has announced a public consultation on its draft revised Arbitration Rules (the Rules).

Articles | February 08, 2021

Procedural