UK Expert Analysis


Why AI Use Is Complicating Employment Tribunal Claims

An Employment Appeal Tribunal judge's recent rebuke of a 300-page artificial intelligence-generated skeleton argument in Hancox v. Sutherland illustrates the difficulty in ensuring that genuine grievances are properly considered, and what employment lawyers and businesses can do to prevent unnecessary complexity from diverting valuable time and resources, says Jessica Bass at Oury Clark.


Decoding Arbitral Disputes: Award Ownership Has Limits

In Operafund v. Spain, the Court of Appeal of England and Wales recently barred a purchaser from replacing the original creditors in enforcement proceedings for an international arbitration award against Spain, underscoring the distinction between acquiring an award’s economic value and the legal entitlement to enforce it, says Josep Galvez at 4-5 Gray’s Inn Square.


What Project Managers Can Learn From Negligence Award

The High Court’s recent enforcement of an £8.7 million adjudication award against Avison Young demonstrates for project managers that certification, progress assessment and defect management are exercises requiring independent scrutiny and documented decision-making, say lawyers at Eversheds Sutherland.


Sanctions Spotlight: UK Broadens Scope Of Iran Sanctions

The U.K.'s new Iran sanctions reimpose and expand restrictions on finance, energy, trade and transport, bringing its regime closer to the European Union's approach and creating wider compliance demands for affected businesses, says Alexandra Melia at Steptoe.


Preparing For UK's New Crypto-Assets Regulatory Regime

Under the U.K.'s forthcoming crypto-assets regime, a broad range of activities will be brought within the Financial Conduct Authority's authorization remit, making the application window particularly important for overseas firms serving U.K. consumers, says Mark Chalmers at Davis Polk.


Series

Practice Leader Insights From Morgan Lewis' Paul Mesquitta

Paul Mesquitta, head of the London litigation practice group at Morgan Lewis, discusses the importance of leading by example, how the Russia-Ukraine war has created unprecedented complexity in insurance litigation, and why it is important to engage with clients on a personal level.


5 Tokenized Equity Terms That Will Decide Tax Status

As the London Stock Exchange gears up to list tokenized shares of the U.K.'s largest public companies, issuers, platforms and investors must consider a handful of product terms that can result in different tax statuses for tokens that track the same company, say Zoe Wyatt and Yuri Hamano at Andersen.


How UK PLC Boards Can Stave Off Disclosure Claims Risks

To minimize the risk of exposure to shareholder claims amid a continuing rise in securities litigation, companies must evaluate exposure, protect privilege and keep an eye on pending litigation, such as the recent investor claims filed against British American Tobacco and Entain, say lawyers at Simpson Thacher.


3 Ways Employers Can Prepare For New Union Access Rules

Newly effective labor law rules combine a presumption favoring union access to the physical and digital workplace with short response deadlines and potentially substantial penalties, making it particularly important for employers to establish procedures for handling access requests before they arise, say lawyers at Morgan Lewis.


Florist TM Ruling Is A Road Map For Proving Unfair Advantage

The Intellectual Property Enterprise Court’s recent decision that a luxury florist infringed a rival's trademark shows what is required to successfully demonstrate unfair advantage, as well as the importance of documenting efforts to protect, develop and enforce a trademark's reputation, says Ella Newell at Marks & Clerk.


Series

Practice Leader Insights From Jones Day's Sion Richards

Sion Richards, Jones Day's global disputes practice leader, discusses fostering a genuinely integrated cross-border practice, how artificial intelligence is reshaping legal work, and why junior lawyers must pair technological fluency with irreplaceable human judgment.


1st AI Misuse Strike-Off Sets Clear Standard For Future Cases

The Solicitors Disciplinary Tribunal recently used its first-ever banning of an overseas lawyer who generated false citations through artificial intelligence to communicate that inaccurate submissions are enough to warrant sanctions — and that ignorance of the risks in AI-generated legal research is now an inadequate defense, say lawyers at HSF Kramer.


Decoding Arbitral Disputes: Contract Benefits Carry Burdens

The U.K. Supreme Court this week allowed a marine insurer's appeal in a long-running dispute stemming from a 2002 oil spill, restoring the fundamental symmetry that once a contractual benefit is claimed, the arbitration burden comes with it, says Josep Galvez at 4-5 Gray's Inn.


How Employment Ruling Limits Buyer's Inherited Tort Liability

The Court of Appeal’s ruling that a psychiatric hospital did not inherit vicarious liability for alleged staff abuse of a patient under previous owners will have immediate practical consequences as third parties seek to use protections meant for employees at workplaces changing hands to pursue buyers as substitute defendants, say lawyers at CMS.


Expanded Right-To-Work Rules Leave Key Questions

The recent U.K. expansion of the right-to-work regime encompasses individual subcontractors and other arrangements, and uncertainty over some compliance requirements makes careful documentation and recordkeeping crucial, say lawyers at Morgan Lewis.


Series

Practice Leader Insights From Stewarts' Lucy Ward

Lucy Ward, Stewarts' co-head of commercial litigation, discusses the challenges of representing controversial clients, the promise she sees in artificial intelligence and why legal practice will remain a people's game.


Carter-Ruck Ruling Sets High Bar For Overriding Privilege

The High Court’s recent ruling in Carter-Ruck v. Solicitors Regulation Authority reinforces that regulatory necessity cannot justify nullifying clients’ legal professional privilege without clear statutory authority, offering a broader lesson for firms confronting regulatory demands that encroach on fundamental rights, says Claire Cross at Corker Binning.


6-Month Unfair Dismissal Rule Will Demand Early Oversight

Employers should treat the reduced six-month qualifying period for unfair dismissal protection, taking effect on Jan. 1, as a prompt to improve management discipline for new employees, rather than a countdown to dismissal, says Phillip Vallon at Druces.


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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Special Series


Practice Leader Insights

Practice group leaders share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area in this Expert Analysis series.




Opinion


Collective Action Reform Can Save UK Court System

The crumbling foundations of Britain’s legal system require innovative solutions, such as investment in institutional infrastructure to reduce court backlogs, a widening of the Competition Appeal Tribunal’s remit and legislative clarity over litigation funding underpinning collective actions, says Neil Purslow at the International Legal Finance Association.

New US-UK Tech Deal Offers Opportunities To Boost Growth

The recently announced U.S. and U.K. Technology Prosperity Deal, encouraging businesses on both sides of the Atlantic to work together toward technological advance, will drive both investment in U.K. capabilities and returns for U.S. investors, says Peter Watts at Hogan Lovells.