The Court held that banks do not owe this duty to customers deceived into instructing their banks to transfer money to fraudsters. By Nell Perks and Callum Rodgers On 12 July 2023, the UK Supreme Court handed down its highly anticipated judgment in Philipp v. Barclays Bank UK PLC [2023] UKSC 25, allowing the appeal … Continue Reading
A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. By Oliver E. Browne and Duncan Graves The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in a contract was unenforceable due to lack of clarity. The ruling signals to contracting … Continue Reading
The US decision reminds UK companies and their officers to identify and report red flags about misconduct in the workplace. By Nell Perks, Nathan H. Seltzer, and Georgie Blears Certain shareholders of McDonald’s Corporation (the Company) sued David Fairhurst, the Company’s former executive vice president and global chief people officer, on behalf of the Company … Continue Reading
PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape. By Tom D. Evans, Nell Perks, Anne Mainwaring, David J. Walker, and Catherine Campbell Amid concerns of exaggerated or misleading sustainability claims, the UK Financial Conduct Authority’s (FCA) recent proposal for new labelling and disclosure rules to … Continue Reading
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
