Insights: Legal Updates - March 2018

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The beginning of unlimited costs liability for litigation funders?

Victoria Prince |

Litigation funders may be feeling uneasy after the recent High Court decision of Bailey v Glaxosmithkline[1]. Until this decision, funders could justifiably have assumed that they would only be ordered to pay security for costs up to the level of their funding, an application of the so called “Arkin cap”[2]. Foskett J has shown this […]


WhatsApp: We won’t share your data with Facebook… for now

Michelle Waknine |

Following an investigation by the Information Commissioner’s Office (ICO), the UK’s data protection watchdog, WhatsApp has signed a public commitment not to share personal data (i.e. data which identifies individuals) with Facebook until data protection concerns are addressed. Facebook acquired WhatsApp in 2014, and the ICO’s investigation commenced in August 2016 to address concerns being […]


Trusts v FICs: which is best?

Helena Luckhurst |

Is a company or a trust the best vehicle to hold family money? Companies can be used to hold family wealth. Often referred to as Family Investment Companies (FICs), at their simplest they can be seeded with funds by subscribing for shares or, if continued access to family wealth is needed, by way of loan […]


Are we running out of time to agree cross-border judicial cooperation post-Brexit?

Victoria Prince |

The answer, according to the European Parliament’s recent report on the impact of Brexit on freedom, security and justice, is “yes”. The report notes the wide-ranging implications for individuals and businesses with commercial or personal ties to the UK and any other EU member state who are facing uncertainty over cooperation between the UK and […]


Personal recommendations – when investment advice gets personal

Charles Proctor |

Recent amendments to the scope of the regulated activity of advising on investments now make a distinction between “general advice” and “personal recommendations”. The FCA has recently issued some further guidance (PS18/3: Perimeter guidance on personal recommendations on retail investments) which provides some indications of the type of activities which, in the view of the FCA, […]


The Future of ADR

Tom Bolam |

As part of the increasing drive towards alternative means of dispute resolution (ADR), the Civil Justice Council’s ADR Working Group has published an interim report on the current and future role of various forms of ADR in civil disputes[1]. So what is the CJC likely to recommend? The essence of ADR is the deliberate creation […]


Brexit und grenzüberschreitende Verschmelzungen - Abwarten und Tee trinken?

Jan Hoppe |

Der Brexit steht bevor: Großbritannien wird voraussichtlich am 29.03.2019 die EU und aller Wahrscheinlichkeit nach auch die europäische Wirtschaftsunion (EWR) verlassen. Eine verlängerte Austrittsphase bis Ende 2020 wird derzeit verhandelt, ist aber ungewiss. Der Austritt Großbritanniens aus der EU wird unter anderem zur Folge haben, dass im Hinblick auf englische Unternehmen die derzeit geltende Rechtsprechung […]


Unexplained Wealth Orders – force for good or snoopers’ charter?

Helena Luckhurst |

Unexplained Wealth Orders (UWOs) are a new tool in the armoury of the UK Government, designed to disrupt the entry of the proceeds of crime into the mainstream economy. From 31 January 2018, UWOs can be issued by the English High Court to enforcement authorities (including HMRC) in respect of (i) non-EU Politically Exposed Persons […]