Commercial Litigation

Upholding a decision of the Court of Appeal, the Supreme Court has determined that, in cases involving conspiracy to injure, acting in contempt of court amounts to “wrongful means”, whilst the place of the “event giving rise” to the damage suffered, for the purposes of determining jurisdiction, is the place where the conspiratorial agreement was […]

The Court of Appeal has sent out a warning to parties intending to pursue a breach of warranty claim in a recent decision highlighting the importance of contractual notification provisions.  The court’s strict approach in Teoco UK Limited v (1) Aircom Jersey 4 Limited (2) Aircom Global Operations Limited is a reminder that where a […]

Smart contracts are one of the major developments arising out of the distributed ledger and are intended to simplify how contracts are made and executed.   This briefing considers what they are and how they fit into the law of contract. Smart contracts: are they as smart as they sound? (click for PDF of briefing) Charles […]

On 26 April, the UK ratified the EU’s Unified Patent Court (UPC) agreement. Although much of intellectual property law and practice is already harmonised amongst EU member states, a UPC would set up a common patent court for the hearing of intellectual property cases, and the direct applicability of its rulings, across all EU member […]

The Asset Management Market Study carried out by the Financial Conduct Authority (FCA) raised concerns about weak price competition and the ability of investors to seek the best value. Therefore the FCA has decided to introduce new rules and guidance applicable to authorised fund managers (AFMs) in respect of their management of authorised funds subject […]

In the recent Court of Appeal judgment of Okpabi v Royal Dutch Shell Plc[1], the court examined the issue of whether there was an arguable case that Royal Dutch Shell (Shell), as the UK parent company of a Nigerian subsidiary, owed a duty of care to those affected by oil leaks from pipelines and associated […]

On 22 February 2018 the UK Parliament announced it will be launching an inquiry into cryptocurrencies to examine the role of digital currencies in the UK; both the risks and opportunities. The inquiry follows a heightened global focus on digital currencies as their popularity escalates.  In September 2017, China banned the sale of new digital […]

This quarterly round-up looks into some of the main regulatory developments and trends in fintech regulation from the first quarter of 2018. Please see link below for full briefing. Fintech quarterly round-up: January – March 2018   Charles Proctor, Partner, Fladgate LLP (cproctor@fladgate.com) Katherine Foweather, Senior Associate, Fladgate LLP (kfoweather@fladgate.com)

Last month we reported on the increasing drive in English litigation towards alternative means of resolving disputes, including proposals for the increased use of Online Dispute Resolution (ODR). Now, the European Commission has published a report on the function of its online European Dispute Resolution platform, launched in January 2016.  Interestingly, the report reveals that […]

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 […]

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 […]