UK Expert Analysis


Financial Firm Ruling Narrows Push Fraud Recovery Route

The recent Court of Appeal decision in Moorwand v. Hamblin rejected a derivative claim brought by victims of an authorized push payment fraud, clarifying that these claims will only succeed in limited circumstances where a provider is demonstrably put on inquiry for misappropriation, say lawyers at Irwin Mitchell.


FCA Nonfinancial Misconduct Rules Demand Shift For Firms

Under the Financial Conduct Authority's new nonfinancial misconduct framework, conduct like serious bullying, harassment and violence is now capable of generating regulatory consequences extending well beyond the workplace, and four questions are likely to occupy compliance teams over the coming months, says Chloe-Jane Belton at Howard Kennedy.


Series

Practice Leader Insights From Reed Smith's Panos Katsambas

Panos Katsambas, global co-lead of Reed Smith's financial industry group, discusses how dealing with adversity in world events enabled him to handle volatility in his practice, how private credit and fund finance are now dominating the financial industry, and why it is important to remember that the legal industry is a service industry.


Why Bear Hugs Are Making A Comeback In UK M&A Deals

With "bear hugs" recently reemerging as an attractive negotiation tool for bidders in mergers and acquisitions, both target boards and potential acquirers should note the effect of the City Code on Takeovers and Mergers' timing and drafting limits, says Ben Land-Maycock at Covington.


What Meta Damages Ruling Means For Data Abuse Claims

The recent Court of Appeal ruling in Meta v. Gormsen found that user damages might be awarded for abuse of a dominant market position, raising the possibility of a novel type of competition claim against U.K. companies accused of misusing personal data, say lawyers at Macfarlanes.


'Peppa Pig' Ruling Broadens Global Copyright Relief

The High Court's recent unusual decision in Hasbro v. Công to grant a panjurisdictional injunction shows that, in certain circumstances, a representative sample of online content may be used in a copyright dispute when a full review would be disproportionate, says Eloise Ryan at Shoosmiths.


Series

Practice Leader Insights From Wedlake Bell's Edward Starling

Edward Starling, Wedlake Bell's head of disputes, discusses how he endeavors to empower colleagues to excel, the challenges of improving client delivery and efficiency, and why junior lawyers need to be collaborative, commercial and creative.


How UK Ship Sale Ruling Expands Lost-Bargain Damages

The U.K. Supreme Court’s recent ruling in Great Asia Maritime v. Orion Shipping – upholding a "loss of bargain" damages award in a disagreement over a vessel sale – sharpens parties’ ability to contractually control damages outcomes in the event of a dispute, say lawyers at Crowell & Moring.


Ruling On Witness AI Use Sends Lawyers Strong Message

The Court of Appeal's recent decision in R v. FGD clarifies that the requirement to preserve the integrity of evidence given in court extends to the use of artificial intelligence, providing a clear warning to practitioners that coaching witnesses by any means is prohibited, say lawyers at Dechert.


How AI Can Complicate Liability Limits In Contracts

With the U.K. Jurisdiction Taskforce's recent legal statement on liability for harms confirming that contract clauses remain subject to established norms, AI-drafted limits on liability pose concern, as the wording chosen must account for human definition and interpretation, says solicitor Daniel Erskine.


Series

Practice Leader Insights From Shakespeare's Kamal Chauhan

Kamal Chauhan, head of regulatory at Shakespeare Martineau, discusses how being mentored by senior business leaders shaped his leadership style, why it’s an exciting time to be expanding his practice’s team, and the importance of having an acute understanding of your clients' needs.


2 ECJ Rulings Give Guidance On Sport Agent Regs

The European Court of Justice recently settled two long-running disputes, Rogon and RRC Sports, by finding that the antitrust rules governing these leagues offer exceptions for regulating players' agents, and offering a path for sports associations to implement rules controlling services ancillary to their sport, say lawyers at Skadden.


Key Points From UK Gov't Recommendations On Digital Fraud

The government’s recent report on fraud in the digital age contains eye-catching proposals for a new corporate criminal offense for social media providers and an anti-fraud levy, demonstrating that the overall direction of travel is toward loading the cost of fighting fraud onto businesses and away from law enforcement, say lawyers at Stevens & Bolton.


Series

Practice Leader Insights: Slaughter And May's Laura Houston

Laura Houston, co-head of technology cross-stream at Slaughter and May, discusses how her enthusiastic nature drew her to artificial intelligence, the challenges of managing a complex, technology-heavy cross-border transaction, and how there is scope for greater coherence in digital regulation across the European Union.


Drug Rulings Clarify Pricing Test And Penalty Reviews

The Court of Appeals’ recent drug price rulings in Pfizer v. Competition and Markets Authority and Auden Mckenzie v. CMA are both notable for how the court settled the legal test for excessive pricing, as well as for how it has restated the Competition Appeal Tribunal’s obligations when reviewing penalties, say lawyers at Wilson Sonsini.


What FCA Code Reforms May Mean For Solo-Regulated Firms

The Financial Conduct Authority’s recent proposals to create a more consistent and streamlined remuneration framework for solo-regulated firms will allow firms to design more flexible policies, but mean greater scrutiny of the firms’ decision-making, governance and recordkeeping, say lawyers at Birketts.


Key Points From High Court Ruling On FOS Time Bar Rule

In Barclays Bank v. Financial Ombudsman Service, the High Court recently blocked the FOS from investigating consumer complaints that fall outside the legal time limit, demonstrating courts’ willingness to look at the ombudsman's approach to its own jurisdiction, says Rachael Healey at RPC.


Landmark UK Ruling Broadens Tipping Off Liability For Cos.

The recent Court of Appeal ruling in R v. Osmond, the first appellate decision on the Proceeds of Crime Act 2002 tipping off offense, confirms that even where a wider investigation is publicly known, disclosure of a nonpublic strand of the inquiry may engage the offense, say lawyers at Norton Rose.


Series

Practice Leader Insights From Morgan Lewis' Paul Denham

Paul Denham, head of Morgan Lewis' London finance practice group, discusses why working with nurturing partners helped him understand what good leadership should look like, how a Formula 1 financing transaction allowed a personal interest to cross into his day job, and the importance of being willing to adapt as markets change.


The Divergent Approaches In US, EU Forced Labor Standards

Forced labor guidance documents recently issued by the U.S. and the European Union have meaningful differences, with the U.S. taking a documentary approach to compliance and the EU emphasizing human rights risks as a governance challenge, but one model will likely exert greater influence, say attorneys at Steptoe.



Want to publish in Law360?


Submit an idea

Special Series


Practice Leader Insights

Practice group leaders share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area in this Expert Analysis series.




Opinion


Collective Action Reform Can Save UK Court System

The crumbling foundations of Britain’s legal system require innovative solutions, such as investment in institutional infrastructure to reduce court backlogs, a widening of the Competition Appeal Tribunal’s remit and legislative clarity over litigation funding underpinning collective actions, says Neil Purslow at the International Legal Finance Association.

New US-UK Tech Deal Offers Opportunities To Boost Growth

The recently announced U.S. and U.K. Technology Prosperity Deal, encouraging businesses on both sides of the Atlantic to work together toward technological advance, will drive both investment in U.K. capabilities and returns for U.S. investors, says Peter Watts at Hogan Lovells.