• The consultation proposes that the Insolvency Service should have the power to disqualify directors without needing to apply to court.
  • Directors could become vulnerable to a new “restrictions” regime for lower-level misconduct.
  • There is no proposal to clarify the maximum timeline for Insolvency Service investigations into solvent companies, while

The English Court of Appeal’s judgment in Ure Energy makes an important contribution to the law of waiver.

By Nell Perks and Anna Kullmann

Key Points:

  • Ure Energy confirms that the principle in Peyman v. Lanjani applies in cases of express contractual termination rights.
  • For a party to affirm a contract and waive its contractual right to terminate, it must actually know of the facts giving rise to its right to terminate, and the existence of that right.

Introduction

The

The Credit Suisse judgment has significant implications for claims in deceit.

By Oliver Middleton, Anna Kullmann, and Duncan Graves

Key Points:

  • This landmark judgment confirms the legal requirements for a claim in deceit.
  •  Claimants do not need to prove their conscious awareness or understanding of a representation (although they still must prove that the representation induced them to contract).

On 24 November 2025, the Judicial Committee of the Privy Council handed down judgment in Credit Suisse Life

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