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Surging commodity prices are creating headaches in the tech and automotive sectors, with the cost of key materials such as lithium, cobalt and nickel (key components in electric car batteries) rising following supply chain disruptions associated with Covid and the war in Ukraine.
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 Government has published legislation giving it wide-ranging powers to revoke or reform retained EU law. Among other things, it includes a proposal for the majority of retained EU legislation to expire at the end of 2023, unless expressly preserved in some form.
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.
Key employment and business immigration developments for employers.
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").
On 9 August 2022, the FCA issued its latest portfolio letter (Letter) to alternative asset management firms setting out its supervisory priorities.
On 20 July 2022 the Deputy Prime Minister, Dominic Raab, announced a package of measures designed to tackle the increased use of SLAPPs in the courts of England and Wales.
The aftermath of the COVID-19 pandemic, the ongoing Russia/Ukraine conflict, and rising inflation and interest rates have exacerbated a slowdown in the world economy. Many borrowers have availed themselves of low-cost debt in the decade since the financial crisis, and some may encounter challenges in servicing or refinancing this debt in a harsher economic climate.