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Case review 25/05/2023
Do software developers owe fiduciary duties to bitcoin owners? Court of Appeal considers there is a serious issue to be tried
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.
Life sciences report 2023: trends and future risks
This report highlights key legal and regulatory developments in the UK and the EU – and the related liability risks. Our experts also shine a spotlight on a number of priority topics for life sciences businesses, and their insurers, to consider as they plan for operational resilience in the months ahead.
Post Brexit legislation changes - employment law
The UK Government has announced the first in a series of upcoming regulatory reform packages proposed following the UK’s departure from the EU.
In Practice Series - Human and fundamental rights violations in supply chains – what can responsible businesses do?
On 9 February 2023, the European Commission published an article noting that trafficking victims in Europe had risen by 10% and that the share of European Union nationals among the victims increased to 59%. The International Labour Organisation has estimated that 27.6 million people are still in forced labour, in many industries and in every continent – the majority of which takes place in the private economy.
The Consumer Protection Act 1987: staying put… for now
The European Commission (EC) has published its long awaited proposals to modernise the Product Liability Directive (PLD) – the legislation governing redress for defective products. The proposals address the risks and challenges posed by the digital age and have raised questions as to whether UK might follow in the EU’s footsteps and seek to reform the Consumer Protection Act 1987 (CPA), the legislation which implemented the PLD into UK law.
Case review 04/05/2023
Commission Recovery Ltd v Marks & Clerk LLP & Anor  – a new renaissance for representation actions?
The recent decision in Commission Recovery Ltd v Marks & Clerk suggests the courts may approach the ‘same interest’ test for representative actions under Procedure Rule (CPR) 19.6 more flexibly than had been assumed following the UK Supreme Court’s high profile ruling in Lloyd v Google . CPR 19.6 provides for representative actions where one claimant can represent other claimants in a group action providing they all have the ‘same interest’ in the claim.
Case review 27/04/2023
Reasonableness of settlements revisited
The judgment in DIPT Ltd & Ors v Sanglier Ltd; Sanglier Ltd v Apollo Chemicals Ltd  handed down by the Technology and Construction Court reminds us that a pragmatic approach should be adopted when considering the reasonableness of settlements.
Managing commercial risk when entering into third-party contracts: key considerations for NHS trusts
It is vital that NHS trusts take steps to minimise the risks posed to them when entering into third-party contracts. A number of repeated issues and trends can be identified, which we share in this article.
Kennedys continues Legal 500 success with 2023 EMEA rankings
The Legal 500 EMEA 2023 has once again recognised Kennedys as a leading firm across the region.
In Practice Series - Sustainability initiatives at EU level – the current status
The European Union (EU) Green Deal was introduced on 11 December 2019 and aims to reduce greenhouse gas emissions and to minimise the use of resources whilst achieving economic growth on an EU-wide level. To maximise its impact and ensure that the transition to climate neutrality is irreversible, the European Climate Law, which came into force on 29 July 2021, writes the EU Green Deal’s goal for Europe’s economy and society to become climate neutral by 2050 into law.