UK Anti-Bribery and Corruption Newsletter - Spring 2020
Welcome to the latest edition of our Anti-Bribery Newsletter, our regular review of developments in the fight against bribery and corruption in the UK and other jurisdictions.
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Welcome to the latest edition of our Anti-Bribery Newsletter, our regular review of developments in the fight against bribery and corruption in the UK and other jurisdictions.
Two former Supreme Court judges have recently suggested that, given the exceptional nature of the current crisis, a "more creative" approach may be needed in assessing contractual disputes. With that in mind, we've put together a checklist of potential issues to consider if you are looking to dig yourself out of a contractual hole created by COVID-19.
Worldwide, countless races have been postponed pending COVID-19 – so too it seems has the race to the courthouse…
Companies with an international footprint will need to ensure that their tax residence (and other taxable presence) is not affected by travel restrictions imposed in response to the COVID-19 pandemic. HMRC has published guidance on these issues, which is somewhat helpful if less definitive than the approach of a number of other jurisdictions.
In the recent decision of ChapelGate Credit v Money & Ors the Court of Appeal upheld a first instance judge's decision not to apply the so-called "Arkin Cap" to an order for costs made against ChapelGate, a litigation funder.
In a recent decision, CAA v Jet2.com, the Court of Appeal has slightly tweaked the test for when legal advice privilege will apply.
In this section, we highlight the key consequences of Brexit for dispute resolution in England.
In December 2019, after several years of litigation, the Post Office settled a major dispute with its sub-postmasters for £57.75 million. What lessons does this dispute have for franchisors and franchisees?
Travers Smith LLP is delighted to announce that it has been named Banking Litigation Team of the Year (alongside Simmons & Simmons) at the inaugural Legal Week Commercial Litigation & Arbitration Awards.
In the briefing below, we look at the Court of Appeal's recent decision in Lloyd -v- Google [2019] EWCA CIV 1599 to allow a giant class action regarding the alleged unauthorised use of iPhone internet browsing data to proceed against Google, under 19.6 of the Civil Procedure Rules 1998 (the "CPR"). The decision may represent a landmark, where we see the courts of England and Wales smoothing the way for more 'opt-out' models of class action to be brought.
The long-running case of Cape v Dring has been used to test out the important question of when documents generated or disclosed in the course of litigation can be accessed by third parties. It finally came to an end via a Supreme Court decision in July 2019.
In this briefing we look at the recent Court of Appeal judgment in Stobart Group Limited and Anor v William Stobart and Anor [2019] EWCA (Civ) 1376. This judgment confirmed that a purported notice of claim given under a share purchase agreement will be construed objectively and also highlighted the grave consequences of failing to serve a valid notice in such circumstances.
Travers Smith LLP has announced today the promotion of four lawyers to its partnership, with effect from 1 July 2019. The new partners and their principal areas of practice are:
In the briefing below, we consider the Supreme Court's recent decision on contractual interpretation and implication of terms in Wells v Devani [2019] UKSC 4, which provides a timely reminder of the way in which the courts will approach oral contracts and the need where possible to commit such contracts to writing.
There is now at least some prospect of the UK leaving the EU on 29 March 2019 without either transitional arrangements or a long term comprehensive reciprocal regime being agreed as to how English courts and those of the r.EU should co-operate in a post-Brexit world, including in relation to allocating jurisdiction between them and recognising and enforcing each other's judgments in commercial cases.
Welcome to the latest edition of our Anti-Bribery Newsletter, our regular review of developments in the fight against bribery and corruption in the UK and other jurisdictions.