Expert Analysis

• New Clarity On Scope Of Banks' Quincecare Duty To Clients

  

  A recent U.K. Privy Council decision clarified that a bank’s Quincecare duty to prevent banking fraud extends only to its customers, so third-party investors seeking protection may need to make alternative arrangements, say attorneys at Collyer Bristow.

• Changes To UK Competition Rules Will Extend CMA Powers

  

  Recent amendments to U.K. competition and consumer law regimes introduce changes to merger control and antitrust investigations that will result in the speedier resolution of cases and greater autonomy for the Competition and Markets Authority, say Bill Batchelor and Aurora Luoma at Skadden.

• Sheeran Ruling Raises Burden For Copyright Plaintiffs

  

  In requiring proof of access, rather than proof of the possibility of access, the U.K. High Court’s decision in Ed Sheeran’s recent copyright case will provide some security to those in the music industry, say David Fink and Armound Ghoorchian at Venable.

• J5 Warning Highlights Growing Risk Of NFT-Related Crime

  

  As NFTs increase in popularity, so does the risk of such assets being used by those looking to exploit them for criminal gain, as illustrated by the Joint Chiefs of Global Tax Enforcement's recent warning of the possible dangers, says Syed Rahman at Rahman Ravelli.

• Litigants Eager To Prove The Song Remains The Same

  

  Recent lawsuits against Ed Sheeran and Dua Lipa, alleging their hit songs infringed others' copyrights, suggest that, despite the difficulty of proving musical plagiarism has occurred, the appetite for this type of litigation may be growing, says Nick Eziefula at Simkins.

• ECJ Ruling Strengthens German Patent Owners' Rights

  

  Following the European Court of Justice's recent ruling in Phoenix Contact, it is expected that German courts will issue more preliminary injunctions in patent cases, making Germany, and particularly Munich, an even more attractive venue for patent enforcement, says Sandra Mueller at Squire Patton.

• Court Decisions Render Paris Less Appealing For Arbitration

  

  The Paris Court of Appeal recently set aside two arbitral awards on the grounds that the tribunals lacked jurisdiction due to incompatibility with EU law, so investors seeking to minimize obstacles in the recognition or enforcement of awards may not choose Paris as their seat for investor-state arbitration, says Tomas Vail at Vail Dispute Resolution.

• Coca-Cola Case Offers Anti-Bribery Compliance Lessons

  

  A recent Southwark Crown Court bribery case involving a former Coca-Cola manager and three companies highlights the importance of robust compliance procedures and the need for companies to be aware of the actions of employees and third parties in day-to-day operations, say attorneys at Kennedys.

• Where Data Class Actions Stand Post-Lloyd

  

  Although last year's U.K. Supreme Court decision of Lloyd v. Google was a win for data controllers and a significant setback for claimant law firms and litigation funders, it did not close the door on class actions for data breaches or rule out the possibility of using antitrust collective proceedings instead to bring opt-out privacy claims, say attorneys at Travers Smith.

• What EU Corporate Sustainability Plan Means For Contracts

  

  The EU's proposed directive on corporate sustainability due diligence would have a significant impact on contractual assurances in relation to human rights and environmental impacts, says Francois Holmey at Carter-Ruck.

• When Investment Funds Are Not As Green As They Suggest

  

  With the growing demand for funds that offer sustainable investment, there is increasing potential to discover that funds have misled investors, which in certain situations could result in a claim for legal redress for misselling, say attorneys at Keller Lenkner.

• Cayman Courts Are Reluctant To Strike Out Proceedings

  

  Applications to strike out proceedings have become increasingly common in the Cayman Islands, but as a recent case demonstrates, it is difficult to fulfill the required criteria, and they should therefore be filed sparingly, says Conal Keane at Appleby.

• Latest Song Copyright Rulings Clarify What's Protectable

  

  Recent copyright infringement decisions in favor of musicians Ed Sheeran, Katy Perry and Led Zeppelin should help turn the tide against frivolous music copyright lawsuits, says Gerald Sauer at Sauer & Wagner.

• Force Majeure Lessons From 2 COVID Rulings

  

  Without a general legal principle of force majeure in English law, two recent High Court cases highlight the importance of careful drafting to mitigate pandemic risk and show how courts may reach different legal conclusions depending on contract construction, say Ryland Ash and Henry Stockley at Watson Farley.

• UK Ruling Is A Win For Fraud Victims At Banks' Expense

  

  The U.K. Court of Appeal's decision in Philipp v. Barclays holds banks potentially liable for executing any payment that is suspected to be fraudulent, heightening already significant pressure on banks to identify and prevent fraud, say attorneys at Signature Litigation.