The decision exposes media outlets in the UK to liability if they identify suspects prior to charge, but carries lesser implications elsewhere. By Stuart Alford QC, James Lloyd, Harriet Slater, and Georgie Blears On 16 February 2022, the UK Supreme Court held that a suspect under criminal investigation has, prior to being charged, a reasonable … Continue Reading
The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts of foreign states. By Charles Claypoole, Isuru Devendra and Michelle Taylor The UK Supreme Court (UKSC) recently issued … Continue Reading
Landmark decision holds that the SFO does not have the power to procure documents from foreign companies outside the jurisdiction. By Stuart Alford QC and Callum Rodgers On 5 February 2021, the UK Supreme Court handed down a highly significant judgment in R (on the application of KBR, Inc) v Director of the Serious Fraud … Continue Reading
The Court narrowly interprets dominant purpose to exempt general tax advice from legal privilege. By Oliver E. Browne and Clare Nida In Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWHC 2607 (Ch), the High Court handed down the latest ruling in relation to the Financial Reporting Council’s (FRC) … Continue Reading
The decision overturns a series of cases deemed to have over-expanded a principle preventing shareholders from claiming against third parties for falls in a company’s value. By Oliver Middleton and Thomas F. Lane On 15 July 2020, the UK Supreme Court unanimously overturned a Court of Appeal decision that had barred a creditor of companies … Continue Reading
The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. By Oliver Browne and Clare Nida Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating to, legal professional privilege. In Civil Aviation Authority v. R (on behalf of the application … Continue Reading
In a leading case, the Court examined the extent of the duty of care that a bank owes to its customers when executing their orders. By Andrea Monks and Nell Perks On 30 October 2019, the UK Supreme Court dismissed Daiwa’s appeal in the case of Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital … Continue Reading
Judgment confirms the effectiveness of contractual provisions that prevent the parties from varying their contract orally. By Oliver E. Browne and Robert Price The Supreme Court of the United Kingdom recently held that an oral variation of a contract was invalid due to a No Oral Modification (NOM) clause contained in the contract. This clause … Continue Reading
