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Sponsored briefing: Implications of the FCA test case for contractual interpretation and broker claims

The Supreme Court judgment in the Financial Conduct Authority (FCA) test case was a resounding victory for policyholders. Two potential unintended consequences of that judgment are considered here

Contractual interpretation

So-called ‘disease clauses’ provide cover for business interruption caused by the occurrence of a notifiable disease within (say) 25 miles of the insured premises. To many, the Supreme Court’s conclusion that such clauses cover losses from the Covid-19 pandemic is obviously correct. Continue reading “Sponsored briefing: Implications of the FCA test case for contractual interpretation and broker claims”

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Sponsored briefing: 2021 – a year of change

Stewarts’ Sean Upson considers how the upcoming year will define and influence new working practices

Certain years define and influence our practices for years to come, and 2021 will likely be one of those. If anything, it will eclipse the 2007-2008 financial crisis, where the market disruption played out in the courts for well over the following decade. Unlike 2007–2008, we are not now simply seeing market disruption but also seeing new working practices caused by Covid-19 and the disruptor that is Brexit. These themes are likely to define the disputes landscape for the next decade. Continue reading “Sponsored briefing: 2021 – a year of change”

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Sponsored briefing: Post-Brexit cross-border disputes – what next?

Simmons & Simmons examine the existing European framework, the legal changes introduced by Brexit and practical points that parties will need to consider in the future when contemplating, or participating in, cross-border disputes between the UK and EU

Prior to Brexit, a robust legal framework existed which governed cross-border disputes between the UK and the EU. It provided for reciprocal enforcement of judgments, choice of governing law and jurisdiction clauses. However, following Brexit, this framework has fallen away and has not yet been replaced by any similar legislative arrangement such that many civil justice matters will now be governed by member states’ local law. As a result, and in the absence of any further agreement, Brexit may have significant practical implications
for how litigants conduct cross-border litigation. Continue reading “Sponsored briefing: Post-Brexit cross-border disputes – what next?”

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Sponsored briefing: Litigation laws and regulations in Mexico

Ramón Fernández Vigil and Alejandro Del Castillo Ramírez give an overview of litigation laws and regulations that may occur in Mexico

What are the main methods of resolving commercial disputes?

The main methods of resolving commercial disputes in Mexico are: a) ordinary commercial trial, b) executive commercial trial, c) special proceedings, d) oral commercial trial, e) bankruptcy proceedings (concurso mercantil), f) arbitration, and g) mediation. Continue reading “Sponsored briefing: Litigation laws and regulations in Mexico”

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Sponsored briefing: Data breaches and cyber-attacks

Susanna Norelid and Marcus Appeltofft look at the impact of cyber-attacks in Sweden

The Covid-19 (cyber) pandemic

The Covid-19 pandemic has, among other things, brought about a significant increase in data breaches worldwide. Sweden has been no exception. Following the global trend, Swedish organisations have experienced a surge of cyber-attacks in the wake of the pandemic. The increase in cyber-attacks has intersected with an EU-wide harmonisation effort, which includes the Swedish Privacy Protection Authority that aims to change the manner in which the European DPAs investigate and manage GDPR-related complaints. As a consequence, this will likely exacerbate the business risks involved with the processing of personal data. When it comes to data breaches, it is a question of when, rather than if, one will occur. Continue reading “Sponsored briefing: Data breaches and cyber-attacks”

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Sponsored briefing: The era of unbridled mega settlements in the Netherlands seems to be over

OSKB’s Geertjan van Oosten and Dinya Torny discuss how individuals at suspected companies also run the risk of criminal prosecution

In early September 2018 news emerged that the Dutch Public Prosecution Service (PPS) had conducted a large scale criminal investigation into ING Bank and had agreed a settlement. The settlement amount of €775m was the largest in Dutch history. The PPS announced that ING Bank had for years failed to take measures to prevent money laundering with its bank accounts. In the opinion of the PPS, ING was guilty of culpable money laundering. Continue reading “Sponsored briefing: The era of unbridled mega settlements in the Netherlands seems to be over”

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Sponsored briefing: History has shown us that fraud and recessions are natural bedfellows

Stewarts’ Alex Jay and Tim Symes discuss past and present growth in international fraud

The increase in fraud following the 2007-8 financial crisis was sharp and sustained. KPMG’s ‘Fraud Barometer’ – the longest-running fraud report of its kind in the UK – showed that fraud cases in 2008, 2009, and 2010 increased
year-on-year both by value and volume. Continue reading “Sponsored briefing: History has shown us that fraud and recessions are natural bedfellows”

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Sponsored briefing: German interlocutory injunction proceedings in patent matters under review of CJEU

Clemens Rübel discusses patent matters under review by the CJEU in Germany

The requirements of granting interlocutory injunctions in patent infringement proceedings developed over many years by the German Higher Regional Courts will be subject to review by the CJEU. The legal question referred by the Munich judges in a decision on 19 January 2021¹ is, whether it is in line with art 9 (1) of Directive 2004/48/EC (Enforcement Directive) that in interlocutory infringement proceedings provisional measures should be denied if the asserted patent has not survived first instance opposition or nullity proceedings. Continue reading “Sponsored briefing: German interlocutory injunction proceedings in patent matters under review of CJEU”

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Sponsored briefing: Corporate criminal liability in Germany

Alexander Cappel discusses how the German legal landscape is going to change based on the future Corporate Criminal Liability Act

Over the past few years, we have noticed a large number of multi-jurisdictional enforcement actions against large corporate and financial institutions and US and UK authorities in particular have imposed significant fines, not only against the responsible individuals, but also against the legal entities involved. Compared to criminal penalties imposed by foreign authorities, administrative sanctions against legal entities in Germany have been rather moderate given German law does not provide for strict corporate criminal liability yet. Continue reading “Sponsored briefing: Corporate criminal liability in Germany”

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Sponsored briefing: Cypriot courts hear major international civil fraud cases: here is why

SCORDIS, PAPAPETROU & Co LLC examines the key elements of civil fraud proceedings in Cyprus

Introduction

The development of Cyprus as an international business centre has also led to it becoming a serious hub for international dispute resolution, involving, more often than not, international white-collar crime cases instigated by private individuals, companies and governmental bodies alike. The accession of Cyprus to the EU has also contributed to the number of civil fraud cases coming before the Cypriot courts, especially when coupled with the fact that Cyprus is a common law jurisdiction and most of the leading litigators are UK educated and qualified lawyers with support teams of analogous education and background. Continue reading “Sponsored briefing: Cypriot courts hear major international civil fraud cases: here is why”

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Sponsored briefing: RPC interview series – Andy McGregor

RPC

Why are fraud disputes increasing year on year?

Numbers collected by the litigation intelligence company Solomonic show a dramatic increase: 94 fraud-related cases were recorded in 2020, compared with 61 cases in 2019 and 31 in 2018.

Based on our experience, 2021 is likely to see that number go even higher. It’s hard to know exactly what is driving that. I don’t think that we have collectively become worse people though. Continue reading “Sponsored briefing: RPC interview series – Andy McGregor”

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Sponsored briefing: RPC interview series – Michelle Sloane

RPC

What advice would you give to clients who want to be prepared for potential investigations in relation to the criminal offences of failure to prevent the facilitation of tax evasion?

A defence exists of having ‘reasonable prevention procedures’ in place. Therefore, the first thing that I would advise is to ensure these procedures are in place. Despite the new laws on failure to prevent tax evasion being around since September 2017, quite a lot of corporates have failed to implement any procedures. These corporates will find it near impossible to mount a successful defence to these offences. Continue reading “Sponsored briefing: RPC interview series – Michelle Sloane”

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Sponsored briefing: RPC interview series – Simon Hart

RPC

To what extent is the current crisis similar to the 2008 financial crisis?

They are very different. Every economic crisis has different drivers, despite people tending to lump them together. The consequences for the legal market are always different as a result. Why? 2008 was a once-in-a-lifetime event, just like the pandemic, but of a different type. Undercapitalised banks themselves were one of the main causes of the crisis, they were right at the heart. The economy was on the precipice because the banks were so over-leveraged. Continue reading “Sponsored briefing: RPC interview series – Simon Hart”

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Sponsored briefing: RPC interview series – Jeremy Drew

RPC

How would you describe RPC’s retail offering?

Our retail group is one of the five strategic focuses of the firm. It sits at the very heart of what we do.

It’s one of the biggest and most comprehensive retail practices in the City. We have the necessary scale. There are more than 70 core people in the retail group, over 30 of whom are partners. We have intentionally kept a reasonably high partner leverage. Continue reading “Sponsored briefing: RPC interview series – Jeremy Drew”

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Sponsored briefing: Indian courts in litigants’ homes

The team at Singhania & Partners LLP discuss how courts in India have adapted to online technology over the past year

While it may be true that the pandemic has badly affected all activities across the world, it certainly has paved the way for much needed overhauling in the dispute resolution system in India. Dispute resolution is functioning in some ways much better online and has adapted to technology within a year, which otherwise would have taken a decade. Continue reading “Sponsored briefing: Indian courts in litigants’ homes”

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Written in the stars: the up-and-coming generation on the future of disputes

‘We’re changing law firms just through being who we are and by the different perspectives that we bring,’ Linklaters counsel Jacqueline Chaplin tells Legal Business.

With every generation of disputes practitioners come new perspectives and an enthusiasm to leave a mark on the practice. And, in the past year, firms have been forced to adapt to significant business change in a way that – were they undisturbed by the pandemic – they may have tiptoed around implementing for years. Now, disputes practices have the opportunity to maintain the momentum for modernisation and embrace different perspectives and new challenges. Continue reading “Written in the stars: the up-and-coming generation on the future of disputes”

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What’s next?

As he does every year, Stewarts’ head of commercial litigation, Clive Zietman, prepares to address an assembly of disputes partners. It is a customary annual strategy meeting, where the firm attempts to make sense of the market. But he encounters a familiar problem.

‘I’ve become notorious for saying “I don’t have a crystal ball” when predicting market trends. My wife is into all that stuff, so one year I literally took in a crystal ball. It still didn’t work. All I can say is this: things often don’t pan out the way you think they will.’ Continue reading “What’s next?”

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Sponsored briefing: The value of forensic accountants in investigations

Grant Thornton UK

Kevin Shergold draws inspiration from the art world to explain the role of forensic accountants

In the art world, spotting the difference between an authentic masterpiece and an impeccably forged fake can often hinge on the minutest of details

Renowned forensic art analyst, John Martin, has saved (and ruined) many art owners dreams by confirming or denying the authenticity of highly valued artworks. A 1965 Rothko he examined was deemed a fake due to a layer of white paint between the canvas and the oils. During the period in question, Rothko had used a transparent layer. Continue reading “Sponsored briefing: The value of forensic accountants in investigations”

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Sponsored briefing: Post-Brexit prospects: London as a dispute resolution centre

Brown Rudnick

Neill Shrimpton and Jessica Lee discuss the impact of Brexit on London as a dispute resolution centre

Over a year on since the UK formally withdrew from the EU on 31 January 2020, speculation continues as to the prospects of London remaining a key dispute resolution centre post-Brexit. The adverse impact of Brexit is already being felt in the UK financial markets after January 2021 saw the Amsterdam Stock Exchange displace the London Stock Exchange in terms of trading volume per day. However, it remains to be seen whether the uncertainty persisting post-Brexit with respect to issues such as the enforceability of English judgments in the EU will outweigh the favour historically given by contracting parties in choosing to apply English law to their contracts and to litigating their disputes in the English courts. Continue reading “Sponsored briefing: Post-Brexit prospects: London as a dispute resolution centre”

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Sponsored briefing: Lebanon’s dispute resolution system

Obeid Law Firm gives an overview on the Lebanese dispute resolution and banking systems in times of crisis

Section one: overview on the Lebanese dispute resolution system in times of crisis

A. Litigation

Lebanon has a civil law legal system and, thus, follows the inquisitorial model. The legal process is conducted primarily through written submissions.

The courts in Lebanon are divided into two parts – the judicial courts (those dealing with criminal and civil laws), and the courts dealing with administrative matters. Continue reading “Sponsored briefing: Lebanon’s dispute resolution system”