26 November 2014
It can be difficult for Financial Services firms to challenge Financial Ombudsman Service determinations. We look at the outcome of Bluefin’s judicial review application which has now been reported. We also consider another recent case in which a consumer attempted to judicially review the FOS.
25 November 2014
There have been a number of cases over the past few years clarifying and stressing the duties of a broker to its client. The Eurokey case serves as a timely reminder that the client also has a number of responsibilities to fulfil during the underwriting process if it wants to be confident it has appropriate cover.
17 November 2014
In the latest chapter in the long-running keyword advertising dispute between Interflora and Marks & Spencer, the Court of Appeal has allowed M&S’s appeal against the Judgment of Arnold J in May 2013.
14 November 2014
We look at the case of FHR European Ventures LLP and others v Cedar Capital Partners LLC  UKSC 45 in which the Supreme Court has ruled that a bribe or a secret commission received by an agent is held by the agent on trust for his principal.
13 November 2014
Further to our briefing, Procurement Challenges - should I stay or should I go?, the English High Court has stayed another contract award perhaps indicating an increased willingness to maintain automatic suspensions under Regulation 47(G) of the Public Contracts Regulations 2006 pending an early/expedited trial.
04 November 2014
What are the circumstances in which internet service providers can be made to block access to websites selling counterfeit goods? Arnold J has provided some answers in his judgment in Cartier and Others v BskyB and Others  EWHC 3354 (Ch).
30 October 2014
In this edition of Financial Services Series, we look at the latest legal developments around interest rate mis-selling and the recent decision in the Cardiff Mercantile Court (Mark Bailey and M T R Bailey Trading Limited v Barclays Bank plc (2014) EWHC 2882(QB)).
22 October 2014
In-house solicitors need and want to do the best for their internal clients. But this can conflict with their duties to the court in a dispute or prosecution.
22 October 2014
In the final instalment of the long standing litigation between Specsavers and Asda, the Court of Appeal has overturned the revocation of Specsavers’ Wordless logo mark and ruled that the use of its Shaded logo mark amounted to genuine use of its Wordless logo mark.
16 October 2014
‘Heads of Terms’ or ‘Memoranda of Agreement’ (“MoA”) are commonly agreed by parties as a precursor to entering into more substantial agreements. We discuss the recent case of Unaoil v Leighton Offshore and the risks presented by a loosely drafted MoA.
09 October 2014
Our property litigation caselaw update contains a synopsis of five recent cases impacting upon real estate and lender issues.
03 October 2014
India’s Ministry of Defence has sought to “terminate with immediate effect” a $770 million deal with AgustaWestland for the supply of 12 transport helicopters, due to allegations of bribery and corruption during the procurement process.
29 September 2014
We look at the financial implications of cyber attacks, the insurance policy options available and the issues surrounding penalties for data loss.
29 September 2014
We provide a reminder of the Financial Ombudsman Service’s complaints handling procedure, highlighting the rules in relation to timings, costs and the reasoning used to determine claims. We also review a recent significant case and consider the difficulty of challenging a FOS decision.
10 September 2014
The Courts have been considering who, if anyone, is liable to a customer when CHAPS transfer details are incorrectly entered. In July 2014, the Court of Appeal handed down its decision concerning accuracy of CHAPS payment requests in Tidal Energy Limited v Bank of Scotland.
27 August 2014
Last month the FCA published the findings from its thematic review of best execution and payment for order flow (PFOF). We consider the key issues identified and the actions firms should be undertaking in light of it.
06 August 2014
The HSE was wrong to issue a Prohibition Notice without first giving the recipient an opportunity to prove that safety was not at risk. We look at the recent case of Rotary Yorkshire Ltd v Hague in which, on appeal from an employment tribunal, the Court quashed a prohibition notice which had been issued by the HSE against a construction site sub-contractor.
14 July 2014
There have been some important and interesting announcements over the past couple of months which highlight the Government’s continued commitment to encouraging infrastructure projects. In line with the announcement in the Autumn Statement, the Government has published the Infrastructure Bill. This covers some significant areas which are intended to facilitate the growth of industry and make the country more economically competitive internationally.
14 July 2014
A parent company can in certain circumstances be held liable for the health and safety breaches of its subsidiary. This article looks at when this duty can arise and what factors you should be considering in order to manage the risk.
30 June 2014
An investigation by a regulator or criminal prosecution can be a significant strain on a business’ resources and involve considerable expense. This briefing provides an overview of the types of insurance available to cover the cost of defending prosecutions and dealing with regulatory investigations and proceedings.
30 June 2014
Jeremy Dickerson and Georgina Shaw have co-authored an article in World Trademark Review Daily following Moroccanoil's passing-off claim against Aldi. This article first appeared on WTR Daily, part of World Trademark Review, in June 2014. For further information, please go to www.worldtrademarkreview.com.
27 June 2014
Financial services regulation consists of a complex web of legislation, regulatory rules and guidance and case law that is applied at both a regulatory level and by the courts. This month’s briefing looks at how the FCA and the courts interact when it comes to regulatory enforcement.
30 May 2014
This briefing takes a closer look at Employers’ Liability Insurance. We provide a useful overview for businesses and address some key questions.
30 May 2014
Welcome to the eighth instalment in our Financial Services Series (FSS#8). The current Significant Influence Functions (“SIF”) regime will soon be replaced by a new Senior Managers regime for Banks. In this month's issue, we consider what SIFs are and the key aspects of the approach towards them. We also take a closer look at the new Senior Managers regime.
29 April 2014
Welcome to the seventh instalment in our Financial Services Series (FSS#7). In this issue, we look at thematic reviews used by the FCA to investigate risks which may affect a wider market.
29 April 2014
We take a closer look at the meaning of captive insurance and the different forms in which it can be structured. Why consider using captive insurance? What are the risks?
31 March 2014
In the recent case of Your Response Ltd v Datateam Business Media Ltd the Court of Appeal held that it was not possible to exercise a lien over an electronic database.
31 March 2014
Many of the harsher features of insurance law are in the process of being reformed. We take a look at proposals of particular interest to businesses purchasing insurance.
25 March 2014
Welcome to the sixth instalment in our Financial Services Series (FSS#6). In this issue, we look at what a Skilled Person Report is, the circumstances in which the Regulators are likely to use them, and the practical issues arising in dealing with Skilled Persons and their Reports.
28 February 2014
Welcome to the fifth instalment in our Financial Services Series (FSS#5). In this month's bulletin, we look at interviews with the FCA and provide practical tips in the event that you are faced with a request or demand for an interview.
27 February 2014
Businesses can find they have placed more than one insurance policy which could respond to an incident. Our insurance team takes a look at the general principles and the practical considerations.
25 February 2014
Corporate officers need to be aware when conducting litigation on behalf of the company that they may personally be made responsible, with criminal sanction, if they do not obey the court strictly.
24 February 2014
Our construction and engineering newsletter highlights the Court of Appeal decisions that have particular relevance to the construction industry. We also provide an update on HSE's current thinking on the overhaul of CDM.
28 January 2014
This month our Construction and Engineering newsletter focuses on intellectual property issues in construction.
27 January 2014
Welcome to the fourth in our Financial Services Series (FSS#4). In this issue, we focus on the FCA’s powers to request information from regulated firms. We provide some practical tips to efficiently manage information requests and highlight the key FCA sources of guidance and information.
06 January 2014
The construction and energy sectors will be subjected to a specific “sector sweep” anti-bribery investigation by the Serious Fraud Office after they were identified as being particularly vulnerable to economic crime. We take a closer look at The Bribery Act 2010 and highlight crucial steps to minimise the risks.
23 December 2013
Welcome to the third in our Financial Services Series (FSS#3). In this issue, we discuss the sanctions the FCA has at its disposal. We take a look at sanctions available to the Regulator, recent trends in this area and consider what the future might hold.
19 December 2013
Our review of the most significant real estate disputes cases of the last 12 months.
10 December 2013
Can directors challenge an administrator’s appointment and is the defence of that challenge an expense of the administration?
06 December 2013
The Serious Organised Crime Agency has been replaced by a brand new institution, the National Crime Agency (NCA) as the UK’s national crime fighting agency targeting serious organised crime. Our Fraud and White Collar Crime team look at the NCA’s role in investigating and preventing economic crime.
29 November 2013
The Court of Appeal recently handed down a judgment relating to three separate appeals concerning the interaction between a French law known as the “French Blocking Statute” and French companies’ disclosure obligations when involved in English litigation in the English Courts.