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Case review 23 abr 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).
Article 30 mar 2021
Following our review of key issues for 2021 in this article we consider the impact of recent developments in product requirements for insurers, particularly in light of the FCA’s focus on value in distribution chains, pricing and vulnerable customers.
Article 26 mar 2021
Following our article earlier this month (Directors & officers and their insurers await detail of UK audit reforms), the Department for Business, Energy and Industrial Strategy has recently published its white paper “Restoring trust in audit and corporate governance” which sets out proposals aimed at strengthening and improving the UK’s framework for audit, corporate reporting and corporate governance systems. The proposals are open for consultation until 8 July 2021.
Article 19 mar 2021
In this briefing, we consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products. Issues covered include: the treatment of reliance and affirmation in strike out applications, limitation and the true date of loss, fundamental defects that render the appointment of administrators void, clarifying further the “Quincecare” duty, when a professional’s duty extends to the provision of both advice and information, when a court should exercise its discretion in requiring a claimant to provide security for costs, defining an abuse of process in strike out applications and determining the burden to discharge when securing an order for public examination of a company director.
Case review 18 mar 2021
Fiona Lorraine Philipp v Barclays Bank UK PLC [2021] concerned a couple, the victims of a “push payment” fraud, who were unable to recover damages from their bank for failing to prevent the payment of substantial sums to the fraudster.
Article 18 mar 2021
A summary of recent global regulatory developments, including what to expect from the forthcoming white paper for the reform of UK corporate governance and audit oversight, the Climate Biennial Exploratory Scenario (CBES) stress test to be launched in June 2021 and the Danish corporate governance recommendations introduced on 1 January 2021.
Article 23 fev 2021
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
News 18 fev 2021
Article 3 fev 2021
A combination of recent events has forced issues of diversity and inclusion onto the boardroom agenda. As a result, company boards now face increased scrutiny from the public, regulators, legislators and shareholders alike. If well-established benefits of having a diverse workforce are not enough to make companies enact change, the increasing threat of expensive D&O litigation and new legislative initiatives could well be.
Article 29 jan 2021
Stress-testing for banks was first introduced as a response to the financial crisis in 2008/2009, and is used by the Bank of England to assess how banks can cope with severe economic scenarios in terms of capital requirements.
