The Court of Appeal’s judgement in Various Claimants v. Standard Chartered plc[1] is a significant decision on whether an English court may compel disclosure of documents that are confidential under foreign regulatory regimes – here, US suspicious activity reports (SARs) and confidential supervisory information (CSI) – and how the court balances comity, the risk of foreign sanctions and the fair disposal of English proceedings.
Latest Articles
US Executive Order on AI Regulation Signals Litigation Risks Across Jurisdictions
This update covers the latest US Executive Order seeking to limit US state AI regulation and establish a national AI policy framework.
Multinational companies should monitor cross-border implications, especially in light of other evolving regimes like the EU AI Act and the proposed Digital Omnibus on AI, which will impact businesses’ AI compliance roadmaps.
Read Cooley’s full article on the Executive Order.
Director Personally Liable for Breach of Confidence
In Kieran Corrigan & Co Ltd v. OneE Group Ltd, Bashir Timol and others , a company’s director was held personally liable for breach of confidentiality for signing off on the company’s marketing of a tax mitigation structure that was heavily based on information provided to it by the claimant.
First Mover Advantage: The UK CMA’s Updated Cartel Leniency Guidance
On 28 October 2025, the UK Competition and Markets Authority (CMA) published its updated leniency guidance, incorporating refinements to reflect more than a decade of the agency’s cartel enforcement experience. The updated guidance includes important changes to the existing “queue system” and recalibrates incentives for different types of applicants. The CMA is hoping these changes will increase incentives for companies to self-report antitrust compliance issues. For businesses, the changes add further complexity to the calculus that applies when assessing a potential compliance breach and the options available to minimise adverse consequences, which include the risks of private damages claims as much as fines.
Access to Public Domain Documents: What the UK’s Practice Direction 51ZH Means for Commercial Litigation
The UK’s Practice Direction 51ZH launches a two?year pilot to improve public access to documents used in hearings in certain business courts. Broadly, the practice direction is intended to move from the current ad hoc, application?driven disclosure (often requiring a fee) towards a default of timely provision of public domain documents for free. It does not cut across existing privilege rules or confidentiality protections.
On the Record: Cooley Litigation Trends Webinar Series – Competition Litigation
Join Cooley’s competition litigation team for a focused webinar for in-house legal professionals navigating the evolving enforcement landscape across Europe. This program is dedicated to general counsel, legal directors and in-house teams working in competition, regulatory or litigation roles.
Court of Appeal Rules on Termination Rights, Reversing Multimillion-Dollar Award Over Pandemic-Era Mask Contracts
The recent Court of Appeal decision in Advanced Multi-Technology for Medical Industry (trading as Hitex) and Others v. Uniserve [1] provides helpful guidance on: inducement and reliance on misrepresentations; the extent to which an innocent party of a wrongful termination (which is not accepted) is required to complete its contractual obligations thereafter; and notice of delivery in “ex works” contracts.
Remedy of Repudiatory Breaches – English Courts Will Take a Practical, Not Technical, Approach
The recent Court of Appeal decision in Kulkarni v. Gwent Holdings Ltd and Another confirms that repudiatory breaches may be remediable, and that the court will take a practical rather than a technical approach when determining whether a breach is capable of remedy.
High Court Refuses Non-Party Document Production in Support of Arbitration
The recent High Court decision in VXJ v. FY & others[1] provides guidance on the limits of the English courts’ powers to compel non-party document production in support of arbitration under sections 43 and 44(2)(c) of the Arbitration Act.
Blurred Lines and Flat Notes – Competition Appeal Tribunal Strikes Out Songwriters’ CPO Claim Against the Performing Right Society
The Competition Appeal Tribunal (CAT) has struck out a class action brought by Blur drummer, David Rowntree, as the proposed class representative (PCR) on behalf of a class of songwriters against the Performing Right Society (PRS).[1]