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Case review 2023-05-25
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.
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.
Case review 2023-05-04
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.
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.
The Spring Statement 2023 – Budget for Growth?
Chancellor, Jeremy Hunt, delivered this year’s Spring Budget after a cloud of disruptive events culminating in the collapse of the Silicon Valley Bank.
Fiduciary duties owed by trustees: an introduction
If you are not a professional trustee, it can often feel overwhelming having to comply with the far-reaching duties of being a trustee. Many trustees appointed under wills by the testator are lay trustees, not fully appreciating what the role involves. Here, we provide an introduction to the fiduciary duties of a trustee.
Duties of care owed by trustees: a brief guide
If you are not a professional trustee, you may not be aware that you have to carry out your duties, as a trustee when managing the trust, with reasonable skill and care. But what does this mean and how does it arise?
Arbitration trumps: Bermuda court confirms pro-arbitration approach
If litigation proceedings are commenced in breach of a valid and enforceable agreement to arbitrate, how soon in the proceedings does a defendant need to seek a stay of the litigation?
The Supreme Court of Bermuda recently considered this question in Shelly Hall Properties v Warren  SC (Bda) 101.
High price for lawyer found in contempt of court over “burn” instruction
The serious consequences of interfering with litigation documents were highlighted in the recent ruling concerning a senior lawyer who told a client to “burn” its secure communications system to avoid handing evidence to supermarket Ocado.
Construction and building claims in Australia and beyond - a year in review
The legislative regime for construction and building legislation in New South Wales is currently undergoing a major overhaul with the proposed introduction of three new Bills designed to improve the regulatory framework and create end-to-end accountability for those who participate in the building and construction industry. In this article, we look at the proposed changes in conjunction with the key trends and issues in construction and building claims emerging across the Australian States and overseas.