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Regulating AI: Businesses need to prepare for increasing risk of future disputes

With AI we face a combination of accelerating technological development and, depending on the jurisdiction, a greater or lesser degree of legislative intervention. Artificial intelligence burst into our collective...more

Real-world disputes in the virtual world

The laws that govern the metaverse are grounded in those of Planet Earth. Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Where the difference lies is in their...more

Legal liability of AI: Dealing with minds immeasurably superior to ours

How should decisions made by AI be evaluated in a bid to ascertain and attribute legal liability when things go wrong, given we may not be capable of understanding how those decisions were made? “Unless you obey my...more

Managing future disputes risks

Disputes risks are an ever-present part of doing business. Indeed, for some, these risks are built into their business model. They like to move fast and accept they may break some things. Disputes are part of the cost of...more

Law Commission’s final report on digital assets: What’s new?

Eleven months after the publication of its monster consultation paper, the Law Commission has published its final report on Digital Assets. Last time, tongue in cheek, we likened the hype to that for “Top Gun: Maverick”,...more

Impact of sanctions on payment obligations

One of the many legal consequences of Russia’s full-scale invasion of Ukraine in February last year was that businesses were faced with having to analyse the exact remit of sanctions laws and the extent to which they caught...more

Compensation claims under the GDPR unpicking the latest EU and English case law and looking ahead

The first week of May 2023 saw further EU case law emerge on the right to compensation under the GDPR, and in this blog we analyse the implications of these latest rulings and consider what may be coming next....more

Interpreting a settlement licence to produce a “patent peace”

The Court of Appeal has applied business common sense to resolve a dispute about the scope of a patent licence and the meaning of a so-called patent laundering clause....more

The last word on good faith?

Last autumn, the Court of Appeal held that actions taken by majority shareholders of a company, asking directors to resign, were not unfairly prejudicial to the minority shareholders. In doing so, the court made some...more

States have unlimited capacity: Law Debenture v Ukraine

Foreign states formally recognised by the UK government have unlimited capacity, the UK Supreme Court has confirmed, in a significant decision in long running litigation between a trustee for Eurobonds (held by Russia) and...more

3/20/2023  /  Eurobonds , Russia , Sovereign Debt , UK , Ukraine

New UKJT legal statement on digital securities under English law

Digital bonds, including those issued on a public blockchain, can be accommodated by English law, according to the UK Jurisdictional Taskforce in its brand-new legal statement. The position is slightly more challenging for...more

FMLC paper on good faith

This blog has a keen (some might say unhealthy) interest in good faith. If you share this affliction, then please make some time for a paper that the Financial Markets Law Committee has put together on the topic....more

Österreichische Post AG Another nail in the coffin of class actions under the GDPR

In finding that “mere upset” alone does not give rise to compensation under the GDPR, the Advocate General of the Court of Justice of the EU may have dealt another blow to those pursuing class actions under the GDPR....more

European Commission proposes AI Liability Directive and modernised Product Liability Directive

On 28 September 2022, the European Commission published two proposals aimed at modernising product liability rules in the digital age. The proposal is the first specifically designed to address compensation for damage caused...more

UK - Law Commission on digital assets: five key takeaways

Lawyers face a steep learning curve when it comes to cryptoassets and distributed ledger technology. So, it's no surprise that the Law Commission’s consultation paper on digital assets comes out at a whopping 548 pages....more

Contractual termination – how to prepare for judgment day

I went to an excellent talk by Michael Fealy QC to the London Solicitors Association about termination. The main thing I took away was his deceptively simple route map to approaching this thorny subject. ...more

Ukraine—Impact of Russian invasion and sanctions on English law contracts: frustration, illegality, force majeure & MAC

Russia’s invasion of Ukraine has led to the U.S., the EU and the UK imposing wide-ranging sanctions and to significant retaliatory measures by Russia. The immediate priority for those who have operations, or contracts, with a...more

Smart legal contracts: the emperor's new clothes or the elephant in the room?

The Law Commission has published an impressive paper on smart legal contracts to which Allen & Overy, along with many others, contributed; but what does it all mean? ...more

Beyond Lloyd v Google: Are class actions for data breach dead?

The decision of the UK Supreme Court in Lloyd v Google is a welcome relief for data controllers. However, is it the end of class actions for data breach?...more

Lloyd v Google a sigh of relief for data controllers

In unanimously refusing to allow a representative action to proceed, the UK Supreme Court may have sounded the death knell for opt-out class actions in England for data breaches: Lloyd v Google [2021] UKSC 50....more

Hard-nosed commercial negotiation that exploits monopoly advantage not duress

Times Travel’s business depended upon selling Pakistan International Airlines’ tickets. The travel agency was pressured by the airline to waive claims for unpaid commissions under its old contract, by the threat of the...more

What law governs your without prejudice settlement discussions?

A decision of the Court of Appeal highlights the challenges, in multi-jurisdictional disputes, of conducting without prejudice settlement discussions: AutoStore Technology AS v Ocado Group Plc & Ors [2021] EWCA Civ 1003 (07...more

Reforms to witness statements (PD 57AC): sense, finally, after a century of psychological research; or, a triumph of form over...

In 1995, Elizabeth Loftus and Jacqueline Pickerell published a paper showing that it was possible to implant an entire false memory of something that never happened. In one of the first successful cases of memory...more

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