Expert Analysis

• UK Ruling Clarifies Standard To Be Used In Sanctions Reviews

  

  In distinguishing the statutory threshold of “reasonable grounds to suspect” under the U.K. sanctions regime, the U.K. High Court recently dismissed Synesis v. Secretary of State for Foreign Affairs, the first delisting case to come before the U.K. courts, say Liam Lane at Peters & Peters and Joseph Sinclair at Mountford Chambers.

• Crypto And The Potential For Insider Dealing Offense

  

  Recent cases have raised concerns about crypto providing new opportunities for insider dealing, and while it isn't more vulnerable to schemes than any other security, the lack of regulation and the newness of the technology exasperate its susceptibility to insider trading and potential criminal offense, say Adam Craggs and Alice Kemp at RPC.

• A Look At M&S' Registered Design Claim Win Against Aldi

  

  Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.

• UK Int'l Fraud Ruling Highlights Jurisdictional Complexities

  

  A London court’s recent ruling in the Harrington and Charles Trading case, which grappled with a billion-dollar fraud spanning multiple jurisdictions, shows the frequent complexities the English court is faced with in deciding the most appropriate forum to hear claims, say Suzanne Loding and Nathan Capone at Fieldfisher.

• UK Ruling Guides On Appropriation Of Financial Collateral

  

  While a London court’s recent ruling in ABT Auto Investments v. Aapico sets out practical guidelines for enforcement of security over financial collateral by appropriation — particularly amid a breakdown of relations with the collateral provider — a recently proposed bill could mean the future of this method is in question, say Bruce Johnston and Paul Denham at Morgan Lewis.

• ClientEarth Claim May Expand Scope Of Directors' Duties

  

  In using litigation to hold Shell’s board of directors to account for failing to properly prepare for the net-zero transition, ClientEarth’s actions represent a shift in climate change activism strategy and an unprecedented application of directors’ duties as a mechanism to drive change, say Marlene Henderson and Danielle De Val at Browne Jacobson.

• Lacoste Flexible Working Ruling Acts As Alert To Employers

  

  In light of the U.K. Employment Appeal Tribunal decision in Glover v. Lacoste and the government’s commitment to make flexible working requests an employment right, employers are well advised to ensure that those handling the requests receive training on the process and the risk of indirect discrimination, says Amanda Steadman at BDBF.

• UK Teva Ruling Brings Patent Remedy Into Question

  

  Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.

• Why UK Bitcoin Ruling Is Important To The Digital Asset World

  

  The recent U.K. Court of Appeal decision in Tulip Trading v. Van der Laan, as the first to consider the scope of fiduciary duty in cryptocurrency software development, is a significant ruling with wide-ranging implications for the international crypto community, say Ellen Keenan-O'Malley and Mark Lubbock at EIP.

• EU Investors May Find Remedy In Foreign Antisuit Injunctions

  

  In a duo of recent cases, a D.C. federal court called antisuit injunctions "strong medicine" against Spain's attempt to deprive the court of its jurisdiction, and may have prescribed just what the doctor ordered for European Union investors seeking to enforce intra-EU claims, say Gregory Williams and Tatiana Sainati at Wiley.

• Volatile Energy Prices Complicate Int'l Arbitration Damages

  

  In the turbulent global energy market, international arbitration is a crucial tool for resolving cross-border disputes — but determining how, if at all, to account for recent energy price spikes when quantifying damages presents many challenges for tribunals, say attorneys at White & Case.

• Pitfalls Lawyers Should Avoid When Correcting Their Mistakes

  

  When solicitors make mistakes that cause prejudice to their clients, they will need to carefully consider whether they should try to fix their mistake, as trying to put things right may expose them to potential regulatory action, says Andrew Pavlovic at CM Murray.

• Translating The Plan For English-Language German Courts

  

  The German Ministry of Justice is aiming to do away with the mistakes of the past and overhaul the German civil procedure in order to accommodate English-language disputes, but the success of these proceedings will depend very much on factors that the proposal does not address, say Jan Schaefer and Rüdiger Morbach at King & Spalding.

• Russian Bank Ruling Clarifies UK Sanctions Regime

  

  The recent U.K. High Court judgment of PJSC National Bank Trust v. Mints, a case brought by two Russian banks, is significant in clarifying that the U.K. sanctions regime does not deprive designated persons of their fundamental common law right to bring a claim in an English court, despite their assets being frozen, says Zoe O’Sullivan KC at Serle Court.

• Problems With New UK 'Working Patterns' Bill Are Predictable

  

  While the worthy intentions of the new Workers (Predictable Terms and Conditions) Bill are not in question, in not defining "predictable" it has a yawning vacuum at its heart, and given the enormous potential for claims something more specific is surely required, says David Whincup at Squire Patton.