Inside disputes

Failure to prevent fraud: What to do now? Part 2: Policies and procedures

Failure to prevent fraud: What to do now? Part 2: Policies and procedures

Our regulation and investigations team have published the second article in their series breaking down the steps companies will need to take to put “reasonable procedures” in place to prevent fraud.

Articles | June 06, 2024

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How will the UK’s new failure to prevent fraud offence impact non-UK companies?

How will the UK’s new failure to prevent fraud offence impact non-UK companies?

Our litigation and disputes team have written a briefing note discussing the UK’s new failure to prevent fraud offence which is likely to come into force (after government guidance is issued) by the end of 2024 or early 2025.

Articles | May 31, 2024

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Force majeure and the bargain that’s been struck: The Supreme Court decision in MUR Shipping

Force majeure and the bargain that’s been struck: The Supreme Court decision in MUR Shipping

Discussing the Supreme Court decision that taking “reasonable endeavours” to overcome a force majeure event does not require parties to accept offers of non-contractual performance.

Articles | May 23, 2024

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Failure to prevent fraud: what do I do now? Part 1: Risk assessments

Failure to prevent fraud: what do I do now? Part 1: Risk assessments

Our regulation and investigations team have written a briefing note considering what steps companies need to be taking in relation to the new UK failure to prevent fraud offence (which is expected to come into force later this year or in early 2025).

Articles | May 20, 2024

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Court of Appeal gives guidance on interpreting SPA notice of claim provisions

Court of Appeal gives guidance on interpreting SPA notice of claim provisions

Discussing the Court of Appeal decision in Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477.

Articles | May 17, 2024

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English Court hands down guidance on challenges to awards under Sections 67 and 68 of the Arbitration Act 1996

English Court hands down guidance on challenges to awards under Sections 67 and 68 of the Arbitration Act 1996

Our international arbitration team have written a briefing discussing The Czech Republic v Diag Human SE & Anor [2024] EWHC 503 (Comm).

Articles | May 13, 2024

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High Court holds that limitation clause did not limit primary payment obligation

High Court holds that limitation clause did not limit primary payment obligation

Discussing the recent decision in Costcutter Supermarkets Group Ltd v Vaish & Anor [2024] EWHC 152 (KB) which serves as a useful reminder of the difference between primary and secondary contractual obligations.

Articles | May 07, 2024

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Commercial Litigation Round-Up – April 2024

Commercial Litigation Round-Up – April 2024

A brief round-up of important recent cases, procedural developments and hot topics for businesses to help in-house counsel stay up to date.

Articles | April 30, 2024

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Supreme Court considers economic loss and remoteness principles in tort of negligence

Supreme Court considers economic loss and remoteness principles in tort of negligence

Discussing the judgment in Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6 which clarified pure economic loss.

Articles | April 26, 2024

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