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Article 2022-10-07
On 15 March 2022, ClientEarth issued a pre-action letter of claim against the board of directors of Shell, arguing that their failure to properly prepare the company for net zero puts them in breach of their duties to the company. The threatened claim is premised on an unprecedented application of the provisions related to directors’ duties in the UK Companies Act 2006, and it is amongst the first climate-related claims to be threatened against a company in the UK.
Article 2022-10-06
The global cyber team at Kennedys has seen a growing trend in data breaches arising from the bypassing of MFA by cybercriminals. In this article, we share what we have seen so far, detail the potential repercussions, and provide recommendations on how best to avoid falling victim to this latest trend.
Article 2022-10-06
A common problem encountered between vessel owners and charterers is, when there is an allegation that a vessel has underperformed, how that alleged underperformance is to be calculated. In this article, we discuss the implications of Eastern Pacific Chartering Inc v Pola Maritime Ltd on the calculation of performance warranties.
Report 2022-10-05
Rising inflation is a topic of increasing global concern. Similarly, excess claims inflation – that is, changes in the cost of claims beyond ordinary economic inflation - has become a priority for the insurance industry, requiring immediate consideration to ensure business resilience and adequate claims management.
Article 2022-10-04
The construction industry is facing an unprecedented myriad of issues regarding inflation which has caused a log-jam between contractors and employers on costs for new and existing projects.
Article 2022-10-04
On 28 September 2022, the European Commission (EC) published its proposals to reform the EU Product Liability Directive (85/374/EEC) (PLD). We set out key points here, although there will be much to digest and discuss as to the potential impact of the proposals, should they be adopted.
Article 2022-10-03
Key to many of the government’s plans for the future infrastructure of the UK, is the use of prefabrication, particularly prefabricated concrete structures.
Article 2022-09-30
In this edition, we consider the impact of the ongoing strike action at UK ports, the future of clean air initiatives, and the UK Government’s latest proposals to ease the current HGV driver shortage.
Article 2022-09-28
A summary of key developments including a political landscape roundup, an update on the Damages Claims Portal, the Civil Justice Council’s holistic costs consultation, and the Ministry of Justice’s proposals to increase the use of mediation in the civil justice system.
Article 2022-09-28
A roundup of recent court decisions raising issues relating to judicial discretion when considering Calderbank offers, the importance of experts remaining independent, building a strong evidential case, and the scale of expenses in low value claims.
