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Improving cybersecurity for essential services and infrastructure is high on the agenda for the UK's and the EU's legislators, in response to the ever-evolving threat landscape. The UK's and the EU's respective network and information systems or NIS regimes, while both to be strengthened (including by bringing managed service providers into scope), look to be diverging.
Find the latest news, views and our analysis of all the key announcements.
With COP27 starting earlier this week, all eyes remain on what progress governments and international organisations are able to make to meet climate critical finance targets. Climate finance is a major issue at COP27, as it has been since developed countries initially agreed to mobilise $100 billion per year at COP15 in 2009 by 2020 (later extended to 2025). However, this annual target has never been met.
On 7 October 2022, President Biden issued an Executive Order (EO) that seeks to address the concerns set out in the Schrems II decision about US intelligence agencies’ access to EU individuals’ personal data. The EO is a significant step towards an EU-U.S. adequacy decision (expected in Spring 2023, if approved by member states) but, if granted, will that adequacy decision be sufficiently robust to withstand a likely legal challenge?
This update provides a brief overview of some notable events that have occurred in recent weeks, including the UK Government's increasing ability to target activities considered to be problematic from a circumventing Russian sanctions perspective.
Find the latest news, views and our analysis of all the key announcements.
The EU recently revealed its proposal for a new Regulation to combat the use of forced labour in the production of goods. A key aim of this new Regulation is that it will be used alongside other initiatives within both the EU and externally, in order to further eliminate modern day slavery from supply chains.
Welcome to the eighth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.
The Arbitration Act 1996 (the "Act") provides a framework for arbitration proceedings seated in England and Wales or Northern Ireland. It has played a key role in cementing London's status as a leading seat for commercial arbitrations.
The long awaited Sequana Supreme Court judgment[1] has provided some welcome clarity around the duties of the directors of a company in the "twilight zone" – i.e. where the company is facing financial difficulties.
The Solicitors Regulation Authority ("SRA") is the latest organisation to indicate that it is looking to curb the use of so-called Strategic Lawsuits Against Public Participation ("SLAPPs") in England & Wales. This proposed intervention follows the recently proposed interventions by both the Ministry of Justice and, from a European perspective, the European Commission.
Employers are required to check that all employees have the right to work lawfully in the UK. The rules on how to conduct these checks are changing from 1 October 2022, and employers should review their right to work policies and procedures in the light of these changes.
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.
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.
There is a growing trend amongst activists and claimant law firms to pursue novel causes of action against companies for acts or omissions that, while not directly attributable to them, are said to result in alleged human rights breaches in their value chains.
In a recent decision of the Competition Appeal Tribunal ("CAT"), the CAT held that an email inadvertently disclosed by a party was protected by without prejudice privilege ("WPP").