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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.
The High Court's recent unusual decision in Hasbro v. Công to grant a panjurisdictional injunction shows that, in certain circumstances, a representative sample of online content may be used in a copyright dispute when a full review would be disproportionate, says Eloise Ryan at Shoosmiths.
With the U.K. Jurisdiction Taskforce's recent legal statement on liability for harms confirming that contract clauses remain subject to established norms, AI-drafted limits on liability pose concern, as the wording chosen must account for human definition and interpretation, says solicitor Daniel Erskine.
In Barclays Bank v. Financial Ombudsman Service, the High Court recently blocked the FOS from investigating consumer complaints that fall outside the legal time limit, demonstrating courts’ willingness to look at the ombudsman's approach to its own jurisdiction, says Rachael Healey at RPC.
The recent U.K. Supreme Court ruling in Drelle v. Servis-Terminal that an unrecognized and unregistrable foreign judgment may found a bankruptcy petition presents a real risk for debtors, who could find themselves facing insolvency proceedings with very little warning, say lawyers at Dechert.
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.
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.
Series
Jessica Caws, co-head of financial services at Birketts, discusses creating a collaborative environment for her junior colleagues, the excitement of working on a matter at the forefront of regulatory change, and why as a lawyer it is important to develop the ability to critically analyze information early on.
The advent of artificial intelligence voice cloning has turned concerns over the absence of dedicated personality rights into a practical policy issue, and the U.K. government's planned consultation on digital replicas offers an opportunity to develop targeted intellectual property and fraud protections without undermining innovation, say lawyers at Foot Anstey.
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.
With recent guidance from the Solicitors Regulation Authority warning of the risks of artificial intelligence tools not providing the necessary safeguards to maintain client confidentiality, it should be a priority for firms to ensure that nondisclosure agreements are fit for purpose in AI-enabled deals, say lawyers at Baker McKenzie.
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.
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.
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.
Under the Financial Conduct Authority's new nonfinancial misconduct framework, conduct like serious bullying, harassment and violence is now capable of generating regulatory consequences extending well beyond the workplace, and four questions are likely to occupy compliance teams over the coming months, says Chloe-Jane Belton at Howard Kennedy.
Panos Katsambas, global co-lead of Reed Smith's financial industry group, discusses how dealing with adversity in world events enabled him to handle volatility in his practice, how private credit and fund finance are now dominating the financial industry, and why it is important to remember that the legal industry is a service industry.
With "bear hugs" recently reemerging as an attractive negotiation tool for bidders in mergers and acquisitions, both target boards and potential acquirers should note the effect of the City Code on Takeovers and Mergers' timing and drafting limits, says Ben Land-Maycock at Covington.
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.
Edward Starling, Wedlake Bell's head of disputes, discusses how he endeavors to empower colleagues to excel, the challenges of improving client delivery and efficiency, and why junior lawyers need to be collaborative, commercial and creative.
The U.K. Supreme Court’s recent ruling in Great Asia Maritime v. Orion Shipping – upholding a "loss of bargain" damages award in a disagreement over a vessel sale – sharpens parties’ ability to contractually control damages outcomes in the event of a dispute, say lawyers at Crowell & Moring.
The Court of Appeal's recent decision in R v. FGD clarifies that the requirement to preserve the integrity of evidence given in court extends to the use of artificial intelligence, providing a clear warning to practitioners that coaching witnesses by any means is prohibited, say lawyers at Dechert.
Kamal Chauhan, head of regulatory at Shakespeare Martineau, discusses how being mentored by senior business leaders shaped his leadership style, why it’s an exciting time to be expanding his practice’s team, and the importance of having an acute understanding of your clients' needs.
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.
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.
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.