The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. By Deborah J. Kirk, Thomas Vogel, Grace E. Erskine, Ben Leigh, Alex Park, and Amy Smyth On 28 September 2022, the European Commission issued two proposed directives to reform and clarify … Continue Reading
The Court of Appeal reiterates the importance of the specific context in interpreting contractual good-faith duties. By Oliver E. Browne and Alex Cox English law does not include a general implied duty of good faith. However, the English courts are willing to enforce contractual duties of good faith. In Mark Faulkner & Ors v. Vollin … Continue Reading
The ruling is also a reminder of the circumstances in which the court may order indemnity costs for such failures. By Oliver Browne, Hayley Pizzey, and Anna Kullmann On 29 July 2022, the UK High Court ruled in Cabo Concepts Limited v. MGA Entertainment (UK) Limited that toy manufacturer MGA should pay hefty costs for … Continue Reading
The proposal outlines 10 possible ways to strengthen corporate liability by both criminal and civil law reforms. By Stuart Alford QC, Clare Nida, and Mair Williams On 10 June 2022 the Law Commission published an eagerly anticipated set of proposals (the Options Paper) to overhaul criminal law as it applies to companies in the UK … Continue Reading
Procedural omissions for service out of the jurisdiction will not impact issuance of a claim for the purposes of limitation. By Robert Price and Duncan Graves In Chelfat v. Hutchinson 3G UK Limited [2022] EWCA Civ 455, the UK Court of Appeal recently determined the effect of a procedural failure in relation to service of … Continue Reading