UK Expert Analysis


How UK Proposal On Late Payments Could Affect SMEs

The U.K. government’s ongoing late payments consultation would claw back much-needed leverage for small and midsize enterprises negotiating with large organizations, should the reforms be implemented as proposed, say lawyers at Shoosmiths.


Waldorf Ruling Signals Recalibration For Restructuring Plans

The recent High Court landmark judgment refusing to sanction Waldorf Production PLC's restructuring plan underscores a change in the way courts assess whether such plans are fair, indicating not their demise but a pivotal moment in their evolution, say lawyers at Simpson Thacher.


5 Ways To Address The Legal Risks Of Employee AI Use

Employees’ use of unauthorized artificial intelligence tools has become a regulatory issue, and in-house legal counsel are best placed to close the gap between governance controls and innovation, mitigating the risk of organizations' exposure to noncompliance with European Union and U.K. data protection requirements, say lawyers at MoFo.


Key Points From UK And Japan's Antitrust Cooperation Pact

The memorandum of cooperation recently signed between the U.K. and Japan to promote collaboration in competition law enforcement is a meaningful step that offers cross-border businesses an improved foundation for earlier alignment and better risk management, say lawyers at Steptoe.


Series

Practice Leader Insights From HSF Kramer's Sarah McNally

Sarah McNally, head of the global insurance disputes practice at HSF Kramer, discusses the challenges of orchestrating an expedited proceeding during the pandemic, how document disclosure in litigation is becoming a huge burden, and why insurance is all-pervasive, and accordingly interesting and varied.


What Draft AML Reforms Mean For UK Financial Sector

HM Treasury’s recently published draft regulations amending the U.K. Money Laundering Regulations, although not as material as expected, are a step toward a targeted risk-based approach, which the industry will welcome, say lawyers at Ropes & Gray.


What Key EU Data Ruling Means For Cross-Border Transfers

The European Union Court of Justice’s recent judgment in European Data Protection Supervisor v. Single Resolution Board takes a recipient-specific approach concerning pseudonymized information, but financial services firms making international transfers should follow the draft EU Data Protection Board guidelines’ current stricter approach, says Nathalie Moreno at Kennedys Law.


Poundland Restructuring Plan Highlights Insolvency Law Shift

Poundland’s recently approved £95.2 million restructuring plan in the High Court under Companies Act, Part 26A, demonstrates that the relatively new provision has become an increasingly popular option for rescuing large companies facing insolvency, says Gavin Kramer at Collyer Bristow.


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.


Series

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.


Series

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. 



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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


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.

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.