UK Expert Analysis


EU-US Data Transfer Ruling Offers Reassurance To Cos.

The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.


Series

Practice Leader Insights: Shakespeare Martineau's Phil Pepper

Phil Pepper, head of employment at Shakespeare Martineau, discusses the challenges of working on a high-stakes case that progressed to the European Court of Justice, the need for reform of employees' rights legislation when a business transfers, and why lawyers should develop soft skills early in their careers.


Privy Council Shareholder Rule Repeal Is Significant For Cos.

The recent Privy Council ruling in Jardine v. Oasis Investment abrogates the shareholder rule, which precluded a company from claiming legal advice privilege for document production in shareholder litigation, providing certainty to company directors seeking legal advice, say lawyers at Harneys.


Israeli Ruling Shows A Non-EU ICSID Enforcement Approach

An Israeli district court's recent decision declining to enforce an International Centre for Settlement of Investment Disputes award served as a prominent testing ground for how a non-European Union jurisdiction approaches the enforcement of an intra-EU award against an EU member state, says Josep Galvez at 4-5 Gray’s Inn.


Supreme Court Ruling Stands Firm On Trust Law Principles

The U.K. Supreme Court’s recent strict application of trust law in Stevens v. Hotel Portfolio may render it more difficult for lawyers in future cases to make arguments based on a holistic assessment of the facts, says Olivia Retter at Quinn Emanuel.


High Court Freezing Order Ruling Highlights Strict CPR Rules

The recent High Court decision in AAA v. BBB to set aside an expired worldwide freezing order serves as a reminder to injunctive relief practitioners that rules are there to be followed, and that it is critical to adhere to timings, say lawyers at Greenberg Traurig.


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Practice Leader Insights From Forbes' Kella Bowers

Kella Bowers, head of insurance at Forbes, discusses the challenges of balancing the needs of the people and institutions involved in child sexual abuse exploitation cases, why a preaction protocol for abuse work is needed, and how insurance law can enable lawyers to work on many hard-hitting issues.


FCA's Woodford Fine Sends Warning To Fund Managers

The Financial Conduct Authority’s recent decisions concerning Neil Woodford and the collapse of Woodford Investment Management mark an important moment for the U.K. investment industry, underscoring the regulator's focus on senior managers' personal accountability and the importance of putting investors’ interests at the heart of decision-making, say lawyers at Irwin Mitchell.


AI Risks Legal Sector Must Consider In Dispute Resolution

Artificial intelligence presents significant opportunities to lawyers and decision-makers navigating increasingly data-heavy legal proceedings, but two recent cases provide a sobering reminder of the potential for misuse, say lawyers at White & Case.


How Data Use Act Tightens Complaint Handling Procedures

Recently effective Data Use Act procedural requirements are coinciding with an artificial intelligence-driven increase in complaints from users about data subject access request responses, so organizations need to formalize their grievance process to prevent intervention by the Information Commissioner's Office and potential penalties, say lawyers at Womble Bond.


UK Supreme Court Dissent May Spark Sanctions Debate

While the recent U.K. Supreme Court's rejection of Eugene Shvidler’s appeal determined that sanctions decisions are primarily the government’s preserve, Justice Leggatt’s dissenting view that judges are better placed to assess proportionality will cause ripples and may mark a material shift in how future appeals are approached, say lawyers at Seladore.


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Practice Leader Insights: Harbottle & Lewis' Yvonne Gallagher

Yvonne Gallagher, head of employment at Harbottle & Lewis, discusses the challenges of dealing with clients' emotions, the significance of the widening scope for discrimination disputes, and why junior lawyers should focus on learning the basic contractual and statutory principles of employment law. 


What EBA Report Means For Non-EU Financial Firms

In a recent report concerning unregulated third country banks, the European Banking Authority decided not to extend a bank-to-bank exemption under the Capital Requirements Directive, raising a number of compliance issues for cross-border services, say lawyers at A&O Shearman.


HMRC's Automation Shift Likely To Alter Tax Adviser Role

HM Revenue & Customs’ recently released digital transformation road map promises greater efficiency and a modernized compliance regime, but the increased automation could also mean that the tax adviser role will become more proactive and more defensive, say lawyers at RPC.


What UK's New Prosecution Guidance Means For Compliance

Recent guidance from the U.K.'s Serious Fraud Office and Crown Prosecution Service, aligning their approach with the Economic Crime and Corporate Transparency Act, offers a timely prompt for corporate boards and legal teams to update their risk management frameworks, say lawyers at Signature Litigation.


Between The Lines Of EPO's Adoption Of Color Drawings

The European Patent Office's decision to accept patent drawings in color starting in October may enhance clarity in technical disclosures and streamline the examination process, and could also enable new patent filing strategies for international applicants, say attorneys at Miller Canfield.


How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.


Viral Comms Crises Create Dual Corp. Governance Threats

As legislative hearings increase in frequency and social media fuels their reputational impact, corporate legal teams face a new dual challenge that reflects a fundamental shift in accountability and demands new strategies, governance frameworks and organizational capabilities, says Joanna Ludlam at Jenner & Block.


Decoding Arbitral Disputes: ICSID Enforcement In Australia

The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.


Series

Practice Leader Insights From Mishcon's Richard Leedham

Richard Leedham, head of the commercial litigation practice and insurance disputes team at Mishcon de Reya, discusses the challenges of coordinating a complex lawsuit during lockdown, why the remedy for damages for late insurance claim payments is practically worthless, and the importance of focusing on hard legal argument in class actions.



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Special Series


Practice Leader Insights

In this Law360 U.K. Expert Analysis series, leaders of employment, intellectual property, insurance and transactions practice groups share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area.




Opinion


Further Anti-SLAPP Reform Is Needed To Protect Free Speech

New provisions aimed at combating strategic lawsuits against public participation recently came into effect in the U.K., but in applying only to economic crime-related information, the definition of a SLAPP is too narrow to prevent instigators bringing claims to silence public criticism, says Sadie Whittam at Lancaster University.

Managers' Expanded Corp. Liability Proposal Is Too Vague

The Crime and Policing Bill 2025, currently under consideration by the House of Lords, implements a dramatic expansion of managers’ corporate liability in ambiguous provisions that may lead only to cumbersome and unintended consequences for companies, says Vanessa Reid at Corker Binning.