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Finders Are Not Always Keepers: UK Supreme Court Confirms State Immunity in in Rem Claims

In Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16, the UK Supreme Court held that South Africa was entitled to state immunity in respect of an in rem (i.e., property based) claim by salvors of a World War...more

Drafters Beware: Key 2023 English High Court Cases That May Affect Your Commercial Contracts in 2024 and Beyond…

Although the general principles of English contractual law did not see a dramatic overhaul in 2023, parties to commercial contracts should still be aware of a number of cases in 2023 that tweaked, clarified or confirmed areas...more

Has the Gravy Train (or Truck) Been Derailed for Litigation Funders? UK Supreme Court Deals Blow to Litigation Funders

In the recent case of R (PACCAR Inc & ors.) v Competition Appeal Tribunal & ors [2023] UKSC 28, the UK Supreme Court found that litigation funding agreements (“LFAs”) involve the provision of “claim management services”,...more

Customer Beware: UK Supreme Court Clarifies Banks’ Duties in respect of Fraudulent Payments

In the much-anticipated decision of Philipp v Barclays Bank UK PLC [2023] UKSC 25 (the “Decision”), the UK Supreme Court (the “Court”) rejected the contention that Barclays Bank UK Plc (the “Bank”) owed a duty to its customer...more

Truly Green or Emperor’s New Clothes? - The UK CMA Targets Fast Fashion First In Its Investigation of Sustainability Claims

On 29 July 2022, the UK Competition and Markets Authority (CMA) launched an investigation into three fashion firms over potentially misleading eco-friendly and sustainability claims about their products....more

Risks Increase as UK Government Seeks to Introduce Strict Liability for Sanction Breaches

At a time when sanctions are very much in the spotlight, the UK government has proposed amendments to its sanctions regime in order to introduce a ‘strict civil liability’ test for sanctions breaches....more

Ukraine Crisis: UK Parliament Targets Opaque Property Ownership

In the wake of Russia’s invasion of Ukraine, the UK government has brought forward legislation that aims to crack down on foreign owners laundering dirty money through UK property and make it easier for law enforcement...more

The EU Collective Redress Directive Is Coming To Town

After more than seven years, the EU Parliament formally endorsed the much-anticipated new directive on representative actions for the protection of the collective interests of consumers (the “Directive”). This was the final...more

A Shift Towards A More Co-ordinated Approach? – The LCIA Updates Its Arbitration Rules

On 11 August 2020, the London Court of International Arbitration (the LCIA) published its long-awaited updates to its Arbitration Rules and Mediation Rules (the New Rules). The updates, which the president of the LCIA said...more

COVID-19 Update – Understanding Your Rights Under Contracts Whose Performance Is Affected By COVID-19

Under English law, it’s clear that the key issue will be to understand and apply the specific terms of each contract, with the English courts looking to interpret contractual clauses by initially considering the natural and...more

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