A landmark judgment from the Court of Appeal has clarified when representative proceedings may be issued on a bifurcated basis and the application of the regime to securities claims.
By Oliver Middleton and Duncan Graves
The English Court of Appeal has confirmed the strike out of a bifurcated representative action under CPR 19.8 for claims under Section 90A FSMA,1 a statutory regime that has formed the basis of a large number of group actions in recent years. Section 90A
The US executive order halts new and existing foreign bribery investigations — but enforcement risk in the UK and Europe remains.
By Pamela Reddy, Nathan Seltzer, Clare Nida, Annie Birch, and Matthew Unsworth
On 10 February 2025, President Trump issued an executive order titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security” (the Order). Among other things, the Order pauses new prosecutions under the Foreign Corrupt Practices Act (FCPA) at the
SMRs are attracting growing attention from governments, investors, and financiers as a means to power the energy transition, offering the promise of shorter construction times, scalability, and reduced financial risk compared to traditional nuclear reactors.
By Tom Bartlett, Beatrice Lo, JP Sweny, Simon Tysoe, Sam Burleton, and Tom Glynne-Jones
Nuclear power is attracting growing interest in the energy and investment sectors, driven by the rising global demand for low-carbon energy and the growth of artificial
The NPV aims to promote growth and international competitiveness by advancing open banking, re-evaluating the approach to regulating the sector, and continuing the fight against fraud.
By Brett Carr, Christian F. McDermott, and Stuart Davis
On 14 November 2024, the UK government published the National Payments Vision (NPV or Vision), which represents the government’s view on how to support the growth and competitiveness of the UK’s payments sector and outlines its key objectives. The central mission of the
The world’s first regulated private/public crossover market is significantly redesigned as a friction-free “private up” rather than “public down” market with rethought approach to disclosure and market abuse.
By Mark Austin, Chris Horton, James Inness, Anna Ngo, Frederick Gardner, and Johannes Poon
On 14 November 2024, the UK government published its response to the March 2024 consultation on the UK’s proposed new regulated private/public crossover market, the Private Intermittent Securities and Capital Exchange System (PISCES).
The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds.
By Martin Davies, Dominic Geiser, and Oliver Middleton
The Privy Council’s decision in Sian Participation Corp (in liq) v. Halimeda International Ltd [2024] UKPC 16 (Sian Participation) is the latest in a series of judgments clarifying the common law position on whether the court can
The ruling propels UK law enforcement to increase its investigative powers under POCA, and businesses to enhance their supply chain due diligence.
By Paul A. Davies, Clare Nida, Pamela Reddy, Michael D. Green, James Bee, Annie Birch, and Esha Marwaha
On 27 June 2024, the UK Court of Appeal found that the National Crime Agency’s (NCA’s) decision not to launch an investigation into the importation of cotton products originating from the Xinjiang Uyghur Autonomous
Recent changes to the PRA’s approach to enforcement show an increased focus on expediting the investigative process and incentivising early admissions.
By Andrea Monks, Rob Moulton, and Anna James
On 30 January 2024, the Bank of England (the Bank) unveiled a number of changes to the Prudential Regulation Authority’s (the PRA’s) approach to enforcement (PS1/24), including the introduction of an Early Account Scheme and Enhanced Settlement Discount. The changes largely reflect the proposals included in the
The consultation paper confirms a radical approach to bolster the international competitiveness of the UK markets and return to a disclosure-based listing framework.
By Mark Austin, Chris Horton, James Inness, Anna Ngo, and Johannes Poon
The FCA today published consultation paper CP23/31 setting out detailed draft rules for the new UK listing regime. The publication represents the final stage of the journey to reshape the UK Listing Rules which started with the launch of Lord Hill’s UK Listings Review in 2020. Most of the key changes reflect proposals in the FCA’s preceding consultation paper CP23/10 published in May 2023 (see this Latham Client Alert for further details).
The Arbitration Bill’s changes clarify important aspects of English arbitral law, reinforcing London’s position as a leader in international arbitration.
By Charles Rae
On 21 November 2023, the UK government unveiled its long-awaited plans to update and modernise the legal framework applicable to arbitrations in England, Wales, and Northern Ireland through amendments to the Arbitration Act 1996. In line with the recommendations of the Law Commission in its September 2023 report (a summary of which can be found in Latham’s previous Client Alert), the government has opted for targeted reform over root-and-branch changes, focusing on clarifying a number of important aspects of arbitral law which have become contentious in recent years. The result is a suite of practical revisions (the Arbitration Bill 2023) that will provide greater certainty to parties and help maintain the UK’s position as a leading destination for international arbitration.