Expert Analysis

• Key Trends Shaping ESG And Sustainability Law In 2026

  

  2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.

• Judicial AI Guidance Update Shows Caution Still Prevails

  

  The judiciary’s recently updated guidance on the use of artificial intelligence warns judges and tribunal members about misinformation and white text manipulation, providing a reminder that AI tools cannot replace direct engagement with evidence and reflecting a broader concern about their application when handling confidential material, say lawyers at Hogan Lovells.

• Brazil Dam Ruling Highlights Role Of Corporate Accountability

  

  The recent High Court judgment in Municipio de Mariana v. BHP concerning the collapse of the Fundao dam establishes a precedent for holding parent companies that exercise significant control and assume responsibility liable for the actions of group entities, notwithstanding their multinational corporate structure, say lawyers at Irwin Mitchell.

• Freezing Orders Maintain Their Impact 50 Years On

  

  Freezing orders, created in Mareva v. International Bulk Carriers 50 years ago, are now a fundamental part of English and Welsh law and a significant weapon in the litigator's armory, considered indispensable by practitioners seeking to obtain enforceable judgments and interlocutory relief on behalf of their clients, say lawyers at Trowers and Hamlins.

• Decoding Arbitral Disputes: A Paris Ruling Defines Key Limits

  

  Though French arbitration law is highly supportive of arbitral autonomy, last week's Paris Court of Appeal judgment annulling a $14.9 billion arbitral award against Malaysia reaffirms that such support is neither unqualified nor blind to defects striking at the very legitimacy of the arbitral process, says Josep Galvez at 4-5 Gray's Inn.

• How Russia Sanctions Trajectory Is Affecting UK Legal Sector

  

  The proliferation of U.K. and European Union sanctions targeting Russia has led to a vast increase in legislative provisions, and lawyers advising affected businesses should expect a complex and evolving legal landscape for the foreseeable future, says Rob Dalling at Jenner & Block.

• Train Ticket Class Action Shows Limits Of Competition Law

  

  The Competition Appeal Tribunal's recent judgment in Gutmann v. London & Southeastern Railway, Govia Thameslink Railway and First MTR South Western Trains Ltd. restates the important principle that a high bar is required to demonstrate an abuse of dominance, providing welcome clarification for consumer-facing businesses that competition law is not intended to serve as a general vehicle for consumer protection, say lawyers at Freshfields.

• Navigating Legal Privilege Issues When Using AI

  

  The recent explosion in artificial intelligence has led to prompts and AI outputs that may be susceptible to disclosure in proceedings, and it is important to apply familiar principles to assess whether legal privilege may apply to these interactions, say lawyers at HSF.

• A Look At Factors Affecting Ombudsman Complaint Trends

  

  Lawyers at Womble Bond provide an analysis of the Financial Ombudsman Service's complaint trends in 2025, highlighting the impact of changes within the FOS and external factors on the financial sector's redress system.

• CMA's Leniency Guide May Change Self-Report Calculus

  

  The Competition and Markets Authority's updated leniency guide introduces significant changes to bolster cartel enforcement, with incentives to early self-report that will be welcomed by businesses, but the weighty specter of potential class actions could greatly outweigh the discount on administrative fines, say lawyers at Cooley.

• Why EU's FDI Screening Proposals Require Careful Balance

  

  The European Commission’s proposals to harmonize EU foreign direct investment screening regimes at the member state level require a trilogue between the commission, Parliament and council, which means political tensions need to be resolved in order to reach agreement on the five key reforms, say lawyers at Arnold & Porter.

• Fashion Giants' €157M Fine Shows Price-Fixing Not In Vogue

  

  The European Commission’s recent substantial fining of fashion houses Gucci, Chloé and Loewe for resale price maintenance in a distribution agreement demonstrates that a wide range of activities is considered illegal, and that enforcement under EU competition law remains a priority, says Matthew Hall at McGuireWoods.

• How Restructuring Reforms Will Streamline Insolvency Plans

  

  The recently published revised practice statement on schemes of arrangement and restructuring plans promises midmarket businesses efficiency without diluting safeguards, positioning schemes as inclusive tools rather than elite options, say lawyers at Addleshaw Goddard.

• Takeaways From Landmark UK Ruling On Brazil Dam Collapse

  

  The High Court found BHP liable for a Brazilian dam collapse that resulted in a major environmental disaster, showing that England remains open for complex transnational environmental claims and providing a road map for other mass claims that are sure to follow this case, says Josep Galvez at 4-5 Gray's Inn Square.

• 4chan's US Lawsuit May Affect UK Online Safety Law Reach

  

  4chan and Kiwi Farms’ pending case against the Office of Communications in a D.C. federal court, arguing that their constitutional rights have been violated, could have far-reaching implications for the extraterritorial enforcement of the U.K. Online Safety Act and other laws if successful, say lawyers at Taylor Wessing.