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Mini Budget 2022

As part of Bi Visibility Week, we invited Dominic Arnall, CEO of Just Like Us, to participate in a podcast to help raise awareness of the lived experiences of people who identify as bi.

In this video series, our cross-disciplinary team of market-leading experts unpack some of the key ESG issues that corporates and counsel alike will need to be aware of when developing their own sustainability strategies. 

Welcome to the fourth episode in our Spotlight on ESG video series. 

In its judgment of 10 June 2022, the Court of Appeal upheld the High Court's decision that a €480 million claim against manufacturers of smart card chips ("SCCs") found to have infringed EU competition law was time-barred.[1]

The FCA has now published PS22/9, its policy statement on a new Consumer Duty. This sets out feedback to the December 2021 consultation paper (which we covered in our New Year Briefing), and the final rules. Alongside the new rules, the FCA has also published FG22/5, final non-Handbook Guidance for firms on the Consumer Duty (Finalised Guidance). Potentially, a great many firms will be in scope and this will include some firms which would not consider themselves "retail".

A regular briefing for the alternative asset management industry. 

Key employment and business immigration developments for employers.

In an application under the disclosure pilot scheme, the High Court has clarified the circumstances in which a document will be considered to have been "mentioned" in a witness statement and is therefore disclosable under paragraph 21 of Practice Direction 51U (PD51U).

The decision of the Court of Appeal in Barclay-Watt v Alpha Panareti Public Ltd [2022] EWCA Civ 1169 provides a clear articulation of the principles that the Court will apply in determining whether an individual is personally liable for having assisted a tortious act committed by the company of which they are a director.

On 8 July 2022, the Court of Appeal handed down its long-awaited judgment in the Municipio De Mariana group litigation claim, granting permission for some 200,000 Brazilian claimants to pursue in the UK their group action for damages caused by the collapse of the Fundão Dam in Brazil in 2015.

Whether it's the Northern Ireland Protocol or what to do about retained EU law, numerous Brexit-related issues continue to lurk in the new Prime Minister's in-tray. A key challenge will be how and where to strike the balance between the urgent need for measures to tackle the cost of living crisis and political pressure for action on Brexit-related issues raised during the leadership campaign. 

In a case involving an exclusive jurisdiction clause for the English courts and parallel criminal proceedings in the Vatican, the Court of Appeal has confirmed that there is a single correct test for granting a case management stay. The relevant question for the Court is "whether in the particular circumstances it is in the interests of justice for a case management stay to be granted".

Travelling. Seamlessly. podcast series

In July 2022, the FCA published its review of the climate-related disclosures of premium listed commercial companies, for the first time since the rule mandating such disclosures was introduced for a wider range of listed issuers on 1 January 2022.

The FCA published its much-anticipated Policy Statement on "Improvements to the Appointed Representatives regime" (PS22/11) on 3 August 2022. This Policy Statement follows the FCA's Consultation Paper on the same topic (CP21/34), published in December 2021.

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The recent judgment of the High Court in Palladian Partners & Ors v The Republic of Argentina & Anor [2022] EWHC 2059 (Comm) provides an interesting insight into the factors that will be weighed by the court in determining whether a confidentiality obligation owed to a third party should obviate the need for a party to provide inspection of relevant documents in English litigation.