Expert Analysis

• Preaction Disclosure Ruling Underscores High Litigant Bar

  

  The Commercial Court's recent decision in Benski and Clifford v. Pulse Films illustrates the high bar of preaction disclosure, reminding litigants seeking access to documents to clearly and narrowly define their claims, say lawyers at Fieldfisher.

• Appeals Court Offers Framework For Loan Interest Disputes

  

  The Court of Appeal's recent decision in Houssein v. London Credit Ltd. offers guidance for borrowers and lenders on determining what is required to stop contractual interest from accruing on a secured loan and whether a default interest provision amounts to an unenforceable penalty, say lawyers at Reed Smith.

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  Practice Leader Insights From MoFo's Ben Summerfield

  

  Ben Summerfield, head of litigation for MoFo's​​​​​​​ London office, discusses the importance of leading with sincerity and honesty, the challenge of navigating both legal and emotional issues in the most difficult of cases, and why junior lawyers should stay focused on building and maintaining strong client relationships.

• German Ruling Clarifies Limits Of 'Pastiche' Music Sampling

  

  A recent decision from the German Federal Court of Justice, finding a sampled rhythm sequence to be lawful, provides the first national application of the European Court of Justice's new pastiche doctrine, but also confirms that the defense applies only to creations that satisfy specific criteria, say lawyers at Greenberg Traurig.

• Leasehold Reforms Could Ease Property Deal Hurdles

  

  A recent Law Commission consultation has put a spotlight on how current leasehold law complicates commercial property transactions, and while the proposed reforms will likely be small, they would provide landlords and tenants with a greater degree of certainty, say lawyers at Wilsons Solicitors.

• How AI Assistance Could Affect SFO Disclosure Practices

  

  After the government accepted key recommendations on using artificial intelligence in criminal disclosure, Joseph Green at Corker Binning examines whether this technology will affect the reliability of Serious Fraud Office assertions made to the defense regarding disclosable material, and what practical adjustments will be required of criminal lawyers.

• Tesla Win Establishes UK Courts May Set Patent Pool Rates

  

  The recent U.K. Supreme Court decision in Tesla v. InterDigital & Avanci determined that English and Welsh courts can resolve license rate-setting disputes for standard essential patents, with a U.K. FRAND determination serving as leverage in negotiating high-value licenses for standardized technologies, say lawyers at Quinn Emanuel.

• How Public Filing Pilot Is Influencing Litigation Strategy

  

  The ongoing pilot program that makes it easier for third parties like journalists or academics to obtain court documents used in certain public hearings is reshaping how litigation teams draft skeleton arguments, settle expert evidence, and identify and restrict sensitive material, say lawyers at Greenberg Traurig.

• High Court Ruling Clarifies Limits Of Force Majeure Relief

  

  The High Court's recent decision in ADM Industries v. Inerco Trade determined that an 11-day suspension of ship inspections could qualify as an unforeseeable force majeure event, signaling that a disruption must fall within the bargain a contract struck, and that late notice can put relief at risk, say Kian Mellett and Mark Handley at Duane Morris.

• Vince Data Ruling Offers Route Around Defamation Limits

  

  The recent Court of Appeal ruling in Vince v. Associated Newspapers, concerning misleading headlines, shows how data protection claims may offer redress when defamation law does not, and may pave the way for a shift in focus for claims against publishers, say lawyers at Hamlins.

• Gov't Projects Report Signals Areas Of Dispute Risk

  

  The National Infrastructure and Service Transformation Authority's recent report assessing major government projects provides an indicator of future contractual and regulatory risks for companies, and of how the increased emphasis on project oversight and early intervention may influence the disputes landscape, says Theresa Mohammed at Watson Farley.

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  Practice Leader Insights From RPC's Simon Hart

  

  Simon Hart, head of RPC's financial services sector, discusses the importance of leading with clear goals and a shared purpose, the challenge of keeping clients focused under sustained pressure, and why junior lawyers should resist the trend to become too specialized early on.

• Top Court's AXA Ruling Sets High Bar To Disapply Test Cases

  

  The Supreme Court's recent decision in AXA Insurance v. Commissioners of Inland Revenue is notable in explaining the court's scope to disapply the binding effect of a group litigation order test case on follower claims, although this remains the exception rather than the rule, say lawyers at King & Spalding.

• Financial Firm Ruling Narrows Push Fraud Recovery Route

  

  The recent Court of Appeal decision in Moorwand v. Hamblin rejected a derivative claim brought by victims of an authorized push payment fraud, clarifying that these claims will only succeed in limited circumstances where a provider is demonstrably put on inquiry for misappropriation, say lawyers at Irwin Mitchell.

• What Meta Damages Ruling Means For Data Abuse Claims

  

  The recent Court of Appeal ruling in Meta v. Gormsen found that user damages might be awarded for abuse of a dominant market position, raising the possibility of a novel type of competition claim against U.K. companies accused of misusing personal data, say lawyers at Macfarlanes.