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D’Aloia v. Persons Unknown & Others: Victim of Crypto-Fraud Fails in Claim Against Crypto Exchange

In D’Aloia v. Persons Unknown & Others, the High Court of England and Wales dismissed a claim brought by the victim of a crypto-scam against Bitkub, one of the exchanges with whom the fraudsters were alleged to have held...more

Online Safety Act Update: Ofcom’s Consultation on Measures to Protect Children From Online Harms Closing 17 July 2024

Introduction The UK’s Online Safety Act (OSA) imposes extensive obligations on certain types of online service providers to protect users from illegal and harmful content. A key focus of the OSA is the protection of children...more

Court of Appeal Decides Principles Permitting Group Litigation by Allowing Multiple Claimants to Make Individual Claims on Single...

England has no direct equivalent to US class actions. However, there are various claim models under English procedural rules (CPR) that have similarities. They are summarised in our October 2022 blog post – Data Disputes: How...more

Law Commission Consultation –Digital Assets and Electronic Trade Documents in Private International Law: Which Court, Which Law?

The Law Commission of England and Wales has, for the last four years, been heavily focussed on addressing the legal issues that arise in the context of emerging technologies. It has now started work on a new project to...more

Consultation on Increased Public Access to Documents in Civil Proceedings

The Civil Procedure Rules Committee is consulting on a proposed draft amendment to Civil Procedure Rule (CPR) 5.4, which would allow significantly increased public access to documents with potentially far-reaching impacts....more

Ofcom’s Latest Guidance on Age Assurance Under the Online Safety Act

On 5 December 2023, the UK Office of Communications (Ofcom) published for consultation its draft guidance on age assurance (and other Part 5 duties) for service providers publishing pornographic content on online services,...more

Online Service Providers: Obligations Under The UK’s Online Safety Act 2023

The UK’s Online Safety Act (OSA) 2023, which became law on 26 October 2023, imposes extensive new obligations on certain types of online service providers, requiring them to protect their users by identifying, mitigating, and...more

Balancing Act: Navigating Privacy Challenges Under UK’s Online Safety Act 2023

The UK’s Online Safety Act (OSA) 2023, which became law on 26 October 2023, imposes extensive new obligations on certain types of online service providers, requiring them to protect their users by identifying, mitigating, and...more

Latest Draft Guidance, Key Features and Insights

On 9 November 2023, the UK Office of Communications (Ofcom) issued its first set of draft guidance on the UK’s long-anticipated Online Safety Act (OSA), which aims to protect online users against illegal and harmful content....more

Are You Really Prepared to Prevent Fraud?

In a landmark day for regulatory authorities in the United Kingdom, the Economic Crime and Corporate Transparency Act came into force on 26 October 2023. The act will have a material impact on the manner in which the...more

UK Financial Conduct Authority Urges Social Media Platforms, Search Engines and Apps to Check Warnings of Non-Authorised...

Regardless of whether you are in the UK, or the type of technology you use, companies marketing ‘qualifying cryptoassets’ to customers in the UK will need to comply with the Financial Conduct Authority’s financial promotions...more

Marketing of Cryptoassets – UK’s Financial Conduct Authority Issues ‘Final Warning’

Regardless of whether you are in the UK, or the type of technology you use, companies marketing ‘qualifying cryptoassets’ to customers in the UK will need to comply with the financial promotions regime of the Financial...more

UK Supreme Court: Litigation Funding Agreements Are Damages-Based Agreements

On 26 July 2023, the UK Supreme Court handed down a judgment that will cause serious disruption (at least in the short term) to the litigation funding market. In R (on the application of PACCAR Inc and others) v Competition...more

Issues in Cryptocurrency Fraud Claims

The Courts and Tribunals Judiciary has published the Speech by HHJ Pelling KC: Issues in Crypto Currency Fraud Claims – an update, an interesting and thoughtful review of recent developments given at the ThoughtLeaders4...more

Law Commission Publishes Final Report on Digital Assets

On 28 June 2023, the Law Commission of England and Wales published its highly anticipated final report on digital assets following its consultation with industry stakeholders (see this summary of the final report). The...more

What Employers Should Know About Protecting Confidential Information in England

Confidential information is one of a business’ most prized and valuable assets. However, it is rarely something that can be locked in a safe, because employees often require access to it for the purposes of carrying out their...more

UK Government Gets Tough on Sanctions Evasion, Fraud and Money Laundering in Newly Published Economic Crime Plan

On 30 March 2023, HM Treasury and the Home Office published the Economic Crime Plan 2 for 2023 to 2026. The three-year plan builds on the first Economic Crime Plan published in 2019 and commits the UK government to:...more

Failing to Prepare is Preparing to Fail: UK Government Proposes ‘Failure to Prevent Fraud’ Corporate Criminal Offence

Economic crime has risen to such a level that UK Finance, a trade association for the UK banking and financial services sector, considers financial fraud to be a “national security threat”. Over £750,000,000 was stolen from...more

Time to Cotton On: Managing Supply Chain Risks

Introduction Potential criminal activity in international supply chains can create reputational, civil, and criminal risks. This can be particularly difficult to manage when there are many links in a chain from the source of...more

Court of Appeal decides that cryptoasset software developers may have a duty to help recover bitcoin

The Court of Appeal has decided that cryptoasset software developers may owe fiduciary duties or a duty of care to help recover bitcoin which is inaccessible as a result of criminal activity....more

Data Disputes: How UK Class Action Landscape Is Shaping Up

Introduction - The number of class actions brought in the UK is likely to grow considerably in the coming years. In particular, we expect claimant firms to continue making claims for misuse use of data where an issue...more

Investment Treaties Could Provide Remedy For Russia’s Unlawful Seizure of Foreign Assets

As Reuters recently reported, Russia is preparing a new law that will allow it to seize the local businesses of Western companies that have left or suspended operations in Russia due to the invasion of Ukraine. Affected...more

Alert - Brexit Readiness: Key Impacts of the UK-EU Brexit Deal

Since our last update in December, the UK and the EU have officially agreed on a Brexit deal. The agreement has brought with it a multitude of legislative changes across various areas of UK law. In support of understanding...more

Alert: Remaining Vigilant to Compliance and Enforcement Concerns in Times of Crisis

In times of increased financial stress—and particularly during times of financial shock where expectations and reality diverge significantly and rapidly—internal and external pressures can lead to risk-taking with lasting...more

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