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UK Introduces Export Controls for Emerging Technologies

On 12 March 2024, the UK Export Control Joint Unit (ECJU) announced that UK export control regulations would be amended to introduce new controls on the export of emerging technologies and provide a number of technical...more

Litigation Funding Agreements: Developments Since PACCAR

Litigation funding agreements have been very much in the spotlight since the decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others, in which the Supreme Court of the United...more

Law Commission Consults on Draft Legislation Relating to Digital Assets

Following the publication of its final report on digital assets last year, on 22 February 2024, the Law Commission of England and Wales launched a consultation on draft legislation confirming the existence of a ‘third...more

UK, EU Adopt Further Sanctions Against Russia

On 18 December 2023, the European Council adopted its 12th package of sanctions against Russia. The comprehensive new package includes additional trade restrictions, stricter asset freeze obligations, energy restrictions and...more

Ownership and Control Test Under UK Sanctions Clarified Following Mints Judgment

The UK Office of Financial Sanctions Implementation (OFSI) and the Foreign, Commonwealth and Development Office (FCDO) recently published important guidance on the meaning of ‘ownership and control’ in the context of UK...more

Commercial Court Leaves Room for Enforceability of Litigation Funding Agreements

In the first case to address the ramifications of the UK Supreme Court’s decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others (see our July 2023 blog post on this case),[1] the...more

UK OFSI Uses Disclosure Power as FCA Reviews Sanctions Compliance Systems

On 31 August 2023, the UK Office of Financial Sanctions Implementation (OFSI) used its new disclosure enforcement power for the first time, issuing a report against Wise Payments Limited for breach of financial sanctions. The...more

UK OFSI Uses Disclosure Power as FCA Reviews Sanctions Compliance Systems

On 31 August 2023, the UK Office of Financial Sanctions Implementation (OFSI) used its new disclosure enforcement power for the first time, issuing a report against Wise Payments Limited for breach of financial sanctions. The...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

Limitation of Liability: Court Considers Key Principles of Interpretation

In Drax Energy Solutions Limited v. Wipro Limited, the Technology and Construction Court considered the proper interpretation of a limitation of liability clause. The judgment provides a useful summary of the principles that...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

Implied terms: Commercial Court defers to arbitral tribunal

In Pan Ocean Co Ltd v Daelim Corporation[1], the Commercial Court upheld the implication of a term requiring the inspection of a vessel’s holds without delay into a charterparty (a contract for the hire of a ship). The Court...more

Privilege: Privacy and Confidentiality Are Not to Be Equated

In Jinxin Inc v Aser Media PTE Ltd & Others, the High Court of England and Wales determined that directors’ personal emails and documents on a company’s computer system were confidential, despite the company’s ability to...more

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