Landmark decision means companies can assert legal advice privilege against their shareholders in litigation before the English courts.
By Oliver Middleton, Nell Perks, and Alice Zhou
On 24 July 2025, the Privy Council handed down its decision in Jardine Strategic Ltd v. Oasis Investments II Master Fund Ltd and Others (No 2) (Bermuda) [2025] UKPC 34 (Jardine),abolishing the so-called “Shareholder Rule” exception to legal advice privilege as a matter of both Bermudian and English law. The
UK membership will strengthen cross-border enforcement of English court judgments and reinforce London’s position as a key global centre for dispute resolution.
By Oliver Middleton, Samuel Pape, and Sean Newhouse
On 1 July 2025, the Hague Judgments Convention 2019 (Hague 2019) enters into force across the UK for proceedings commencing on or after that date.1 This is a major development in the cross-border enforcement landscape, supporting the recognition and enforcement of English court judgments across a growing
The guidelines confirm that FCPA enforcement will continue but provide opportunities for foreign authorities to lead where US interests are not significantly impacted.
By Clare Nida, Pamela Reddy, Nathan H. Seltzer, Annie Birch, and Emma Bunting
On 9 June 2025, US Department of Justice (DOJ) Deputy Attorney General Todd Blanche issued a memorandum outlining guidelines (the Guidelines) for investigations and enforcement actions brought by DOJ under the Foreign Corrupt Practices Act (FCPA). This follows on from
The updated guidance puts a heavy emphasis on self-reporting and clarifies how corporates under investigation can earn cooperation credit from UK prosecutors.
By Pamela Reddy, Clare Nida, Annie Birch, and Matthew Unsworth
On 24 April 2025, the UK Serious Fraud Office (SFO) published a long-awaited update to its Guidance on Corporate Co-operation and Enforcement (the Guidance). The Guidance outlines the agency’s key considerations when deciding whether to prosecute a corporate or invite it to negotiate a deferred
The judgment concerns the circumstances in which fiduciaries must account to their principals for the profits they make from their fiduciary relationships.
By Oliver Middleton and Duncan Graves
The UK Supreme Court in Rukhadze v. Recovery Partners GP Ltd has unanimously rejected an attempt to introduce a caveat to the longstanding “profit rule” that such fiduciaries could retain their secret profits if it could be shown that they would have earned them without breaching the duties to their principal.1
The ruling, which narrows the UK’s jurisdiction over money laundering offences, will impact how cross-border money laundering offences are prosecuted going forward.
By Pamela Reddy, Clare Nida, and Annie Birch
The UK Supreme Court’s decision in El-Khouri1 has clarified the territorial limits of the Proceeds of Crime Act 2002 (POCA). The ruling confirmed that the primary money laundering offences under Sections 327 to 329 POCA do not have extra-territorial effect, narrowing the UK’s jurisdiction over money laundering
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
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