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Case review 25/05/2023
In a judgment handed down in February 2023, the Court of Appeal upheld an appeal made by Tulip Trading Limited, against a first instance decision of the High Court, where the Defendants successfully brought an application challenging the court’s jurisdiction. In doing so, the Court of Appeal held that there is a serious issue to be tried as to whether developers owe fiduciary duties to bitcoin owners.
Article 12/04/2023
The increasing presence of Big Tech in financial services has resulted in a rapid response from the UK’s legislative and regulatory bodies. This is largely driven by the UK Government’s stated desire to develop a pro-competition regime for digital markets. Here, we look at how the government and regulators have been responding to the rise of these tech giants and offer our views on how to navigate the increasing competitive pressures.
Article 08/12/2022
As previously reported, on November 3, 2022, the federal district court for Minnesota, applying Minnesota substantive law, ruled that an insured was entitled to coverage under a Cyber Business Interruption clause for money lost in a fraudulent wire transfer incident.
Article 17/11/2022
Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of 9.9% in 2020, based on data from international arbitration institutions.
Article 17/10/2022
The Economic Crime and Corporate Transparency Bill was announced to Parliament for the first time on 22 September 2022, further signalling the UK’s attack on economic crime and its attempt at improving transparency over corporate entities. Here, we focus on the proposal that will allow the Serious Fraud Office to compel suspected criminals and institutions to disclose information linked to a suspected crime at the pre-investigative stage of a case.
Article 22/09/2022
In July 2022, the annual rate of UK inflation (10.1%) was the highest it has been since 1982, affecting the affordability of goods and services. The high rates of inflation are predominantly due to supply chain disruptions and consumer demand, and the substantial increases in energy prices.
Article 20/09/2022
A quick reference guide to arbitration procedures in the USA, England, Bermuda and Canada
Case review 21/01/2022
Sections 25 and 25A of the Organised and Serious Crimes Ordinance (Cap. 455) (“OSCO”) have once again come under the spotlight in a recent judicial review.
Case review 23/04/2021
On 10 March 2021, in Wigmans v. AMP Limited & ORS the High Court of Australia dismissed an appeal from the NSW Court of Appeal regarding the court’s response to competing plaintiff applications to stay one or more open class representative proceedings commenced under Pt 10 of the Civil Procedure Act 2005 (NSW) (CPA).
Case review 16/06/2017
In this case, the Hong Kong Court of First Instance has ruled that a PRC State-owned enterprise was not entitled to invoke Crown immunity against the execution of a charging order of assets in Hong Kong.
